Pappu Singh v. Meghraj Singh

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12313 of 2023 Petitioner :- Pappu Singh Respondent :- Meghraj Singh Counsel for Petitioner :- Pragati,Archana Jha,Shaili Ganguly Hon'ble Ashutosh Srivastava,J.

¶1Heard Ms. Archana Jha, learned counsel for the petitioner .

¶2Considering the nature of the order that is proposed to be passed, the notice upon respondent -opposite parties is being dispensed with.

¶3The present petition under Article 227 of the Constitution of India has been filed to direct the Civil Judge (Senior Division First) Bulandshahr to conclude and decide the Original Suit No. 616 of 2020 (Pappu Singh Vs. Meghraj Singh) within a time frame fixed by the Court. Although the relief for expeditious disposal of the proceedings of the Original Suit No. 616 of 2020 has been prayed for. However, learned counsel for the petitioner during the course of hearing has confined the relief for a direction to the court concerned to frame the issues in the suit so as to facilitate its progress.

¶4In order to buttress her submission, learned counsel for the petitioner has invited the attention of this Court to the order-sheet of the proceedings brought on record as Annexure no. 3 to the petition to show that the defendant had put in appearance by filing written statement on 30.08.2022 and the suit thereafter was fixed for framing of the issues. She submits that several dates thereafter, have been fixed every month for the purpose of framing of the issues, but the issues have not been framed till date.

¶5Under such circumstances, the prayer for appropriate direction to the court concerned has been prayed for.

¶6Having heard learned counsel for the petitioner and having perused the record, particularly to the various orders passed by the learned Civil Judge (Senior Division First) Bulandshahr. Particularly to the orders subsequent to the order dated 30.08.2022, this Court find that the proceedings of the suit are unnecessarily been lingered for framing of the issues, almost more than a year has been passed by fixing dates for the said purpose.

¶7In these circumstances, the Court is of the opinion that the petition can be disposed off by issuing appropriate direction to the court concerned to frame the issues and thereafter, proceed to invite evidence of the parties. Accordingly the petition is disposed of by requiring the Civil Judge (Senior Division First) Bulandshahr seized with the proceedings of the Original Suit No. 616 of 2020 (Pappu Singh vs. Meghraj Singh) to frame the issues expeditiously preferably on the next date fixed or within next two months from the date of service of certified copy of order of this Court to facilitate the progress of the suit.

¶8With the aforesaid condition the writ petition is disposed off. Order Date :- 4.12.2023 Bhanu High Court of Judicature at Allahabad