Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 3733 of 2021 Petitioner :- Yunus Respondent :- Isharul Huq And 14 Others Counsel for Petitioner :- Shivendra Nath Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner, who is plaintiff in the suit, has prayed for following relief:-
"(i) Issue a direction to the Civil Judge (J.D.), Mau/ respondent no. 1 to decide the Original Suit No. 1022 of 2005 (Yunus Vs. Isharul Huq and others) pending before him expeditiously within stipulated period as fixed by this Hon'ble Court."
It is contended on behalf of the petitioner that issues have been framed on 06.01.2017 and two of them have been decided. It is submitted by the petitioner that plaintiff would conclude his evidence within a period of six months.
It is therefore, provided that within a period of six months as stated before this Court plaintiff would conclude his evidence shall not seek any adjournment and if so, the defendants should be given opportunity to lead evidence within next six months and thereafter, the court shall proceed to hear and decide the suit in next six months.
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 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 :- 13.8.2021 IrfanUddin