Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5735 of 2021 Petitioner :- Shyam Babu Agarwal Respondent :- Civil Judge(J.D.) Counsel for Petitioner :- Pankaj Dwivedi
Hon'ble Ajit Kumar,J.
Heard learned counsel for the defendant- petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief:-
"(i) Direct the learned court below (respondent No.1) to decide the Original Suit No.- 902/ 2015 (Shri Girraj Kishore v. Shyam Babu Agarwal) within the time stipulated by this Hon'ble Court."
Learned counsel for the petitioner submits that plaintiff is not cooperating with the proceedings of suit and it is further submitted that issues have already been framed on 24th September, 2018 in the suit.
In such above view of the matter, this petition is disposed of with following directions:
(a). The plaintiff shall conclude his evidence within period of six months and defendant thereafter shall also conclude his evidence, as is undertaken before the Court by the defendant petitioner's counsel within next six months; and
(b). After the evidence is concluded by both the plaintiff and defendant, the trial court shall proceed to do final hearing and decide the aforesaid suit within a further period of six months.
It is further provided that the trial court shall abide by the procedure prescribed for hearing and disposal of the suit quite religiously. However, it is provided that the trial court shall fix priority in the hearing of suit in question in the order of preference in which other suits might have been expedited by this court in the past and to that extent time frame provided by this Court hereinabove, will only be directory.
It is further clarified that time frame provided for disposal of the case shall be deemed to be extended in the event concerned district is hit by another surge of pandemic (SARS COV-2/ COVID 19) resulting in the suspension of public movement and/or judicial working in the district concerned.
It is provided that order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 25.10.2021 Atmesh