Abhishek Kumar Pandey v. Jitendra Nath Pandey and 5 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12828 of 2023 Petitioner :- Abhishek Kumar Pandey Respondent :- Jitendra Nath Pandey And 5 Others Counsel for Petitioner :- Ganesh Kumar Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Ganesh Kumar, 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 for a direction to the Civil Judge (Jr.Div.), Khalilabad, District Basti to decide the Original Suit No. 140 of 2019 (Abhishek Kumar Pandey versus Jitendra Nath Pandey and others) within a time frame fixed by the Court.

¶4Learned counsel for the plaintiff-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 plaintiff-petitioner has invited the attention of this Court to the order-sheet of the proceedings brought on record as Annexure no. 2 to the petition. Learned counsel for the petitioner submits that since 29.5.2019 the case is being adjourned for framing issues, but till date, issues have not been framed by the Court below.

¶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 Court below, this Court find that the proceedings of the suit are unnecessarily been lingered on and almost more than four years have been passed but no issues have been framed till date.

¶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 (Jr.Div.), Khalilabad, District Basti seized with the proceedings of the Original Suit No. 140 of 2019 (Abhishek Kumar Pandey versus Jitendra Nath Pandey and others) to frame the issues expeditiously preferably on the next date fixed or within next three 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 :- 15.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad