Gulab Chand v. Nashrin Bano and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11823 of 2023 Petitioner :- Gulab Chand Respondent :- Nashrin Bano And 3 Others Counsel for Petitioner :- Brijesh Kumar Verma Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Brijesh Kumar Verma, learned counsel for the petitioner.

¶2Considering the nature of the order that is proposed to be passed, the notice upon respondent -opposite parties are being dispensed with.

¶3The present petition under Article 227 of the Constitution of India has been filed to direct the Civil Judge (Junior Division) Shahar Jaunpur to decide the Suit No. 1442 of 2016 (Nasrin Bano vs. Prabhawati and others) within a time frame fixed by the Court. Although the relief for expeditious disposal of the proceedings of the Suit No. 1442 of 2016 has been prayed for.

¶4Learned counsel for the defendant -petitioner during the course of argument has confined the relief for a direction to the court concerned to frame the issues in the suit so as to facilitate its progress.

¶5In order to buttress his submission, learned counsel for the defendant-petitioner has invited the attention of this Court to the order-sheet of the proceedings brought on record as Annexure no. 5 to the petition to show that the petitioner and respondent no. 2 have put in appearance by filing written statement on 23.05.2018 and the suit thereafter was fixed for framing of the issues. He submits that several dates thereafter, have been fixed every month for the purpose of framing of the issues, but the issues have not been framed till date.

¶5Under such circumstances, the prayer for appropriate direction to the court concerned has been prayed for.

¶6Having heard learned counsel for the petitioner and having perused the record, particularly to the various orders passed by the learned Civil Judge (Junior Division) Sahaar Jaunpur. Particularly to the orders subsequent to the order dated 23.05.2018, this Court find that the proceedings of the suit are unnecessarily been lingered for framing of the issues, almost more than five years have been passed by fixing dates for the said purpose.

¶7In these circumstances, the Court is of the opinion that the petition can be disposed off by issuing appropriate direction to the court concerned to frame the issues and thereafter, proceed to invite evidence of the parties. Accordingly the petition is disposed of by requiring the Civil Judge (Junior Division) Shahar Jaunpur seized with the proceedings of the Original Suit No. 1422 of 1016 (Nasrin Bano vs. Prabhawati and others) to frame the issues expeditiously preferably on the next date fixed or within next four months from the date of service of certified copy of order of this Court to facilitate the progress of the suit.

¶8With the aforesaid condition the writ petition is disposed off. Order Date :- 13.12.2023 v.k.updh. High Court of Judicature at Allahabad