Court No. - 39
Case :- WRIT - C No. - 42671 of 2018 Petitioner :- Vanshi Respondent :- Sub Divisional Megistrate And 14 Others Counsel for Petitioner :- Siddhartha Srivastava,Satyendra Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent no.1 and Sri R.S. Kushwaha, learned counsel for respondent no.2.
By means of the present writ petition seeking a direction to respondent no.1 to decide Suit No. 20151418032285 (Dayaram vs. Jokhoo) expeditiously.
It has been informed by Sri R.S.Kushwaha, learned counsel for respondent no.2 that he has received instruction that Writ C No. 40326 of 2018 (Dayaram vs. Jokhoo and others) was filed before this Court which was disposed of vide order dated 7.12.2018 with the following:
"The contention of learned counsel for the petitioner is that the partition suit, which has been filed by him, was not being decided and during the pendency of the suit, the respondents were all the time changing the nature of the land. He submits that earlier there was an interim order dated 2.7.2016 and thereafter the same was vacated on 10.1.2018. The instant writ petition has, therefore, been filed for quashing of the order dated 10.1.2018 and also for the expeditious disposal of the Suit itself.
Confronted by the fact that there was an alternative remedy against the order dated 10.1.2018, the petitioner did not press Prayer Nos.(A) and (B) and confined his prayer only to Prayer No.(C) and submitted that the partition Suit itself may be decided expeditiously.
Under such circumstances, it is directed, as has been provided under the Revenue Court Manual, that the Suit No.T-20151418032285 (Dayaram & Ors. Vs. Jokhu & Ors.) be decided within a period of six months from the date of presentation of a certified copy of this order, if there is no other legal impediment.
The writ petition is, accordingly, disposed of."
In view of the above order no further direction is required to be issued. This writ petition is disposed of with direction to the petitioner to file both the orders before the court below within 10 days.
Order Date :- 20.12.2018 samz