Gyasuddin v. Jumman and 4 Others

Order on the petition

¶1Heard Shri Sanjeev Kumar Tripathee, 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) Sant Kabir Nagar to frame issues as well as record evidence expeditiously in Original Suit No. 82 of 2019 (Jumman vs. Hamid Ali and others) within a time frame fixed by the Court.

¶4In 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. 3 to the petition, to show that the defendants have already put in appearance by filing written statements and the suit thereafter was fixed for framing of the issues. He submits that several dates thereafter, have been fixed 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) Sant Kabir Nagar, this Court find that the proceedings of the suit are unnecessarily been lingered for framing of the issues, almost more than four 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 off by requiring the Civil Judge (Junior Division) Sant Kabir Nagar, seized with the proceedings of the Original Suit No. 82 of 2019 (Jumman vs. Hamid Ali 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 Deepak/ High Court of Judicature at Allahabad

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12078 of 2023 Petitioner :- Gyasuddin Respondent :- Jumman And 4 Others Counsel for Petitioner :- Sanjeev Kumar Tripathee Counsel for Respondent :- CSC Hon'ble Ashutosh Srivastava,J. Order on Amendment Application No. 2 of 2023 This is an application seeking amendment in the prayer clause of the petition. Heard learned counsel for the petitioner/applicant on the amendment application. Application is allowed. Learned counsel for the petitioner is directed to make necessary amendment in the petition, during the course of the day.