Om Prakash and Another v. B.N. Public School and 3 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10803 of 2023 Petitioner :- Om Prakash And Another Respondent :- B.N. Public School And 3 Others Counsel for Petitioner :- Arvind Srivastava Hon'ble Prakash Padia,J.

¶1The following order was passed on 16.11.2023:- "1. After some arguments counsel for the petitioners confined his prayer only to the effect to direct the court below namely Additional District Judge/Judge, Small Causes Case, Court No.8, Deoria, to decide the application dated 19.03.2019, which was marked as Paper No.4/C filed under Order 9 Rule 13 read with Section 151 of the C.P.C.

¶2It is argued by counsel for the petitioners that though the aforesaid suit was filed in the month of March, 2019 and various dates were fixed for final disposal but till date no decision has been taken in the aforesaid matter.

¶3In this view of the matter and also in the interest of justice, Registrar (Compliance) is directed to communicate copy of this order to the court below namely Additional District Judge/Judge, Small Causes Case, Court No.8, Deoria or before whom matter is pending consideration through District Judge, Deoria within 24 hours.

¶4The Additional District Judge/Judge, Small Causes Case, Court No.8, Deoria or before whom matter is pending consideration is directed to submit its report within two weeks.

¶5Put up as fresh along-with report on 12.12.2023."

¶2Pursuant to the same, the report submitted by the Additional District and Sessions Judge, F.T.C.-II, Deoria dated 07.12.2023 is already on record. The relevant portion of the aforesaid report reads as follows:- "

उपररकककसनदररममससदरअवगतकरसनसहहककपसररदसरसइसनयसयसलयकसकसयरसरददनसनक-

22.11. 2023

करगहणदकयसगयसहह।

मसनननयनयसयसलयककआदकशककअननपसलनममपतसवलनपककणर

ससदवलवसदसन०-02/2019

कसअवलरकनदकयस।पतसवलनककअवलरकनसकदवददतहहककपतसवलन

परददनसनक-14.09.2021

करपसररनसपत30

गदनरसतकरतकहहएअदगमदतसर01.10.2021 दनयत

ककगयनरन,

नयसयसलयककपपवरपनठससननअसधकसरनककपदशकणएवननयसयसलयककररकहरनककककसरण

वसदककसनवसईनहहककजससकक।

पसररकककसयरसरगहणदकयकजसनकददनसनकपरहनअदगमदनयत

दतसरकरलघनदतसरममपररवदतरतकरतकपककसररककदवदसनअसधवकसओकरसपदचतकरलनदबतपसररनस

पतअनतगरतधसरस-5

सपदठतधसरस-14

दमयसदअसधदनयमककपसररनसककसनवसईकरआदकशहकतन

ददनसनक-11.12.2023

दनयतककगयनहह।

पककणरवसदककशनघदनसतसरणकसहरसनरवपयसस

नयसयसलयदसरसदकयसजसरहसहह। "

¶3From perusal of the aforesaid, it is clear that undertaking has been given by the court below that the last date was fixed for hearing of the aforesaid application is

11.12.2023.

¶4Shri Arvind Srivastava, learned counsel for the petitioner is not in a position to state before this Court that what decision has been taken on the last date in the aforesaid matter.

¶5Since the Court is of the opinion that the court below be directed to decide the said application as early as possible.

¶6In view of the same, the present petition is disposed of finally directing the court concerned to decide the aforesaid application without any further delay on a day to day basis, if possible within a period of six weeks from today but without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 12.12.2023 Swati High Court of Judicature at Allahabad