Court No. - 13
Case :- MATTERS UNDER ARTICLE 227 No. - 3146 of 2019
Petitioner :- Sudarshan Singh Respondent :- Jawahir Singh And Another Counsel for Petitioner :- Ajay Kumar
Hon'ble Saurabh Shyam Shamshery,J.
Shri Ajay Kumar, learned counsel for the petitioner submits that the petitioner-plaintiff has been suffering on account of delay in disposal of the Misc. Case No.19 of 2015 pending before the Civil Judge (Senior Division), Chandauli. He further submits that the said suit remained pending from 20.3.2015 till 20.11.2018 at the preliminary stage. He further submits that from the order sheet, it appears that even no notice has been issued to the other parties. It is further submitted that for the first time, notice has been issued on 20.11.2018 when the said miscellaneous case has been converted into regular suit on the next date fixed and now the notice has been issued on 26.4.2019.
Learned counsel further submits that the suit has been languishing at the preliminary stage and for that the prayer made in the suit for execution of the sale deed may become meaningless due to efflux of time. He also submits that petitioner is 54 years old.
From the order sheet, annexed as Annexure No.2 to this petition, it is evident that no notice has been issued by the learned trial court before the miscellaneous case was converted into the regular suit, however, it is also evident that even the petitioner-plaintiff has not taken any steps.
In the meanwhile, learned counsel for the petitioner undertakes to take all requisite steps which is required for service of the notice upon the defendants/respondents.
Learned counsel further submits that the suit has been pending since 2015 and the period between 2015 to 2018, nothing has been done. Therefore, the right of the plaintiff/petitioner has been highly prejudiced.
Considered the submissions made at Bar and perused the record.
In the light of the judgment passed by the Hon'ble Supreme Court in the matter of M/s Shiv Cotex vs. Tirgun Auto Plast P. Ltd and Others 2011 (89) ALR, 232, this writ petition is disposed of with the direction to learned court below to make all endeavours and decide the aforesaid suit expeditiously.
At this stage, learned counsel for the petitioner submits that steps has already been taken. However, it is directed that in case the steps has not been taken, the plaintiff shall take steps within a period of two weeks from today.
Order Date :- 26.4.2019 Rishabh