Shamshad v. M/S Shubham Housing Development Finance Company Ltd. and Another

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 12258 of 2023 Petitioner :- Shamshad Respondent :- M/S Shubham Housing Development Finance Company Ltd. And Another Counsel for Petitioner :- Yogendra Nath Shukla Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner/petitioners and perused the record.

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶3The basic relief sought by the petitioner/petitioners in the present petition under Article 227 of the Constitution of India is to direct the court below to decide Restoration Application/Misc. Suit No. 17 of 2021 filed in Suit No.928 of 2019 expeditiously.

¶4The application is pending before the Court below since 2021 and considerable time has already been lapsed but till date no final decision has been taken in the matter.

¶5In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid case/suit strictly in accordance with law most expeditiously and preferably within a period of four weeks from the date of presentation of certified copy of this order but without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 2.12.2023 S.K. High Court of Judicature at Allahabad