Hari Ram Yadav v. Mahendra

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12155 of 2023 Petitioner :- Hari Ram Yadav Respondent :- Mahendra Counsel for Petitioner :- Yogita Shukla,Surendra Nath Shukla Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Surendra Nath Shukla, 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 (Senior Division),/Fast Track Court, Azamgarh, to decide the Original Suit No. 999 of 2016 (Hariram Vs. Mahendra), within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2016 and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Civil Judge (Senior Division),/Fast Track Court, Azamgarh, to conclude and decide the Original Suit pending since 2016, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Senior Division),/Fast Track Court, Azamgarh since 2016, 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 Civil Judge (Senior Division),/Fast Track Court, Azamgarh, seized with the Original Suit No. 999 of 2016 (Hariram Vs. Mahendra) 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