Ram Avtar Singh v. Gareeb Das @ Sukhnandan and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12405 of 2023 Petitioner :- Ram Avtar Singh Respondent :- Gareeb Das @ Sukhnandan And 3 Others Counsel for Petitioner :- Vijay Bahadur Maurya Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Vijay Bahadur Maurya, 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.), Rabertsganj, Sonbhadra to decide Misc. Case No. 26 of 2015 (Ram Avtar Singh and another versus Gareeb Das @ Sukhnandan and others) registered on an application under Order 39, Rule 2A CPC (Paper No. 3C), within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Misc. Case No. 26 of 2015 (contempt case) filed by the petitioner is pending since 2015 and several dates have been fixed for its final disposal. Learned counsel for the petitioner submits that purpose of filing present petition shall stands served if the appropriate directions are issued to the Court concerned to conclude and decide the Misc. Case, 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.), Rabertsganj, Sonbhadra, seized with the Misc. Case No. 26 of 2015 (Ram Avtar Singh and another versus Gareeb Das @ Sukhnandan and others) under Order 39, Rule 2A CPC to consider and decide the case expeditiously, preferably within a period of six months, 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. Order Date :- 12.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad