Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5872 of 2021 Petitioner :- Vishnudutt Chaubey Respondent :- Ajay Pratap Bharti And 2 Others Counsel for Petitioner :- Virendra Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the plaintiff-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 trial Court Civil Judge, Senior Division, Ghazipur to decide the interim injunction application and Original Suit No. 90 of 2017 Leelawati and another vs. Ajay Pratap and another pending in the court of Civil Judge Senior Division, Gorakhpur in any specified time as the Hon'ble Court may deem fit and proper in the circumstances of the case without granting any unnecessary adjournment."
This petition has been filed by the petitioner with the plea that even after four years of filing of suit, no written statement has been filed and on one ground or the other the disposal of application for temporary injunction 6-C is being deferred.
Considering the over all facts and circumstances of the case, it is hereby directed that the trial court shall proceed to decide the matter, in the event even after a reasonable opportunity is afforded to the defendants they failed to file written statement. If they failed to file written statement within three months from the date of filing of this order, any date fixed by the trial court, issues shall be framed and plaintiff shall be permitted to lead evidence within three months. In case if the written statement is filed and there is no order to proceed ex parte in the case, the defendants shall be permitted to conclude their evidence within next three months. In the event the parties conclude their evidence, as directed herein above, the trial court shall proceed to conclude and decide the suit within next six months.
It is further provided that the trial curt 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.
The order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 28.10.2021 IrfanUddin