Prahlad Vishwakarma v. Amarnath Singh and 2 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12670 of 2023 Petitioner :- Prahlad Vishwakarma Respondent :- Amarnath Singh And 2 Others Counsel for Petitioner :- Anurag Upadhyay Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Anurag Upadhyay, learned counsel for the petitioner.

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

¶3The present petition under Article 227 of the Constitution of India has been filed for a direction to the Civil Judge (Junior Division) Azamgarh to decide the Original Suit No. 910 of 2016 (Amarnath Singh vs. Prahlad Vishwakarma & others) within a time frame fixed by the Court.

¶4Learned counsel for the defendant -petitioner during the course of argument has confined the relief for a direction to the court concerned to frame the issues in the suit so as to facilitate its progress.

¶5In order to buttress his submission, learned counsel for the defendant-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, specifically the order dated 06.04.2023, to show that the service upon the respondents is sufficient and last opportunity was granted for filing written statement, thereafter several dates has been fixed 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 (Junior Division) Azamgarh, this Court find that the proceedings of the suit are unnecessarily been lingered on and almost more than seven years have been passed but no issues have been framed till date.

¶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 (Junior Division) Azamgarh seized with the proceedings of the Original Suit No. 910 of 2016 (Amarnath Singh vs. Prahlad Vishwakarma & others) to frame the issues expeditiously preferably on the next date fixed or within next four 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 :- 11.12.2023 Deepak/ High Court of Judicature at Allahabad