Mohammad Yasin v. Bholanath Yadav and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12568 of 2023 Petitioner :- Mohammad Yasin Respondent :- Bholanath Yadav And 3 Others Counsel for Petitioner :- Mohammad Waseem Hon'ble Ashutosh Srivastava,J.

¶1Heard learned counsel for the petitioner.

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

¶3The present petition under Article 227 of the Constitution of India has been filed for a direction to the Civil Judge, Junior Division, Varanasi, to decide the Counter claim (paper no. 30-C) in Original Suit No.372 of 2016 (Bholanath Yadav and another vs. Mohsin and 2 others) within a time frame fixed by the Court.

¶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. 3 to the petition, specifically the order dated 29.04.2019, to show that the case was fixed for 11.10.2020 for filing of written statement, thereafter several dates has been fixed but the issues have not been framed till date.

¶6Under such circumstances, the prayer for appropriate direction to the court concerned has been prayed for.

¶7Having 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 seven years have been passed but no issues have been framed till date.

¶8In 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, Varanasi, seized with the proceedings of the Original Suit No.372 of 2016 (Bholanath Yadav and another vs. Mohsin and 2 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.

¶9With the aforesaid condition the writ petition is disposed off. Order Date :- 15.12.2023 Manoj High Court of Judicature at Allahabad