Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3175 of 2021 Petitioner :- Sushila Devi Respondent :- Banarasi And Another Counsel for Petitioner :- Pramod Kumar,Harish Chandra
Hon'ble Ajit Kumar,J.
Heard learned counsel for the 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) to direct the court below i.e. Civil Judge (Junior Division), Mirzapur to decide Original Suit No. 217 of 2000 (Banarasi Versus Sushila Devi and others) expeditiously as possible as within short stipulated period which is pending in the court of Civil Judge (Junior Division), Mirzapur."
It is contended on behalf of the petitioner that issues have been framed and the suit is at the stage of evidence. Suit is of the year 2000.
Considering the facts and circumstances of the case and pleadings raised, this petition is disposed of with a direction to the court concerned to consider and decide the aforesaid "Original Suit No. 217 of 2000 (Banarasi Versus Sushila Devi and others)" strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to all the parties concerned, as expeditiously as possible preferably within a period of eighteen months from the date of production of copy of this order.
However, in case if any miscellaneous application is pending under Order 7 Rule 11 of Code of Civil Procedure, 1908, the same should be considered and disposed of first. Likewise in case if counter claim is filed and any injunction application therein filed by the defendant and is pending then in such event the injunction application filed by the defendants if pressed, should be considered first and so far as the counter claim is concerned that should be heard and deciding alongwith the suit.
It is further is directed that the plaintiff would conclude their evidence within six months and thereafter defendants would also conclude their evidence in next six months and both the parties will cooperate with suit proceeding without seeking unnecessary adjournments.
It is also clarified that the procedure prescribed for deciding such suit, shall be religiously complied with and priority shall be fixed in the order in which other pending suits, if any, have been expedited by this Court in the past.
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 a copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 12.8.2021 IrfanUddin