Gerish Ballab Agarwal v. Punjab National Bank and 2 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12707 of 2023 Petitioner :- Gerish Ballab Agarwal Respondent :- Punjab National Bank And 2 Others Counsel for Petitioner :- Mohd. Ayub Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Mohd. Ayub, 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 Additional Civil Judge (Junior Division), Sadabad, District-Hathras, to decide the Suit No. 15 of 2014 (Gerish Ballab Agarwal vs. Punjab National Bank & Others), within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2014, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Additional Civil Judge (Junior Division), Sadabad, District-Hathras, to conclude and decide the Suit pending since 2014, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Additional Civil Judge (Junior Division), Sadabad, District-Hathras, since 2014, 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 off by requiring the Additional Civil Judge (Junior Division), Sadabad, District-Hathras, seized with the Suit No. 15 of 2014 (Gerish Ballab Agarwal vs. Punjab National Bank & Others), to consider and decide the case expeditiously, preferably within a period of six months, from the date of production of certified copy of the 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 :- 16.12.2023 Deepak/ High Court of Judicature at Allahabad