Sri Premvir Singh Chaudhari v. State of U.P. and 8 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12152 of 2023 Petitioner :- Sri Premvir Singh Chaudhari Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shailesh Kumar Mishra,Vivek Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Vivek Kumar Sharma, 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 Additional Civil Judge (Senior Division), Court No. 1, District Agra, to decide the Original Suit No. 945 of 2010 (Premvir Singh Chaudhari Vs. Devi Singh and others), within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2010 and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Additional Civil Judge (Senior Division), Court No. 1, District Agra, to conclude and decide the Original Suit pending since 2010 , within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Additional Civil Judge (Senior Division), Court No. 1, District Agra since 2010, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the Additional Civil Judge (Senior Division), Court No. 1, District Agra , seized with the Original Suit No. 945 of 2010 (Premvir Singh Chaudhari Vs. Devi Singh and others) to consider and decide the case expeditiously, preferably within a period of one and half years, 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 :- 13.12.2023 Bhanu High Court of Judicature at Allahabad