Sher Singh v. Sri Sanjay Kumar

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12713 of 2023 Petitioner :- Sher Singh Respondent :- Sri Sanjay Kumar Counsel for Petitioner :- Surendra Kumar Tripathi Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Surendra Kumar Tripathi, learned counsel for the petitioner.

¶2Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Jr.Div.), FTC, Agra to decide the Original Suit No. 1041 of 2004 (Shri Sanjay Kumar versus Shri Sher Singh) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2004. Learned counsel for the petitioner submits that after putting in appearance defendant has filed their written statement on 1.10.2019 and thereafter on 10.5.2022 issues in the suit have been framed by the Court below and dates have been fixed for disposal of issue Nos. 4, 5 & 6. Learned counsel for the petitioner submits that purpose of filing present petition shall stands served if the appropriate directions are issued to the Court below to conclude and decide the Suit, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, this Court is also of the opinion that no useful purpose would be served by keeping the petition pending and the same is accordingly disposed of by requiring the Civil Judge (Jr.Div.), FTC, Agra, seized with the Original Suit No. 1041 of 2004 (Shri Sanjay Kumar versus Shri Sher Singh) to consider and decide the case expeditiously, preferably within a period of One Year from the date of production of certified copy of order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties, following the directions passed by Hon'ble Supreme Court in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others) decided on 20.10.2023, contained in Paragraph 2 of the operative part of the order. Order Date :- 12.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad