Smt Shail Bala v. Abdul Majid and 11 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7140 of 2023 Petitioner :- Smt Shail Bala Respondent :- Abdul Majid And 11 Others Counsel for Petitioner :- Sanjai Kumar Pandey Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief:- "(I) Issue an order or direction to direct the learned Trial Court i.e. Civil Judge (Senior Division) Siddharth Nagar to decide the Original Suit No. 138 of 1997 "Abdul Majid and others Vs. Sita Ram and others, expeditiously, preferably, within some stipulated time period, pending in the court of Civil Judge (Senior Division), Siddharth Nagar."

¶3The contention of the learned counsel for the petitioner is that the suit was filed in the year 1997 seeking specific performance which is still pending.

¶4I have perused the order-sheet and it appears that the issues have been framed on 22.4.2015. It appears that an amendment application has been allowed at present.

¶5Under the circumstances, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the suit is pending since the year 1997, this Court requires the trial court to ensure that the suit proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is no legal impediment in proceeding further and all the parties are duly served with notice of the proceeding.

¶6With the aforesaid observation, the petition is disposed of. Order Date :- 19.10.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad