Arjit Kumar Verma v. Civil Judge (Junior Division) Sadar Faizabad and Another

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5084 of 2023 Petitioner :- Arjit Kumar Verma Respondent :- Civil Judge (Junior Division) Sadar Faizabad And Another Counsel for Petitioner :- Ajay Kumar,Fakhruddin Ali Ahmad Hon'ble Saurabh Lavania,J.

¶1Heard learned counsel for the petitioner.

¶2In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.

3.By means of this petition, the petitioner has sought the following main relief:- "(i) Issue a suitable order or direction; thereby direct the opposite party no.1 to decide the Case No. 1195 of 2021 Arijit Kumar Verma Vs. Sabhajeet under Order-7 Rule 1 C.P.C. which is pending since 22.09.2021 within stipulated time, in the interest of justice."

¶4The present petition has been filed for expeditious disposal of pending Case No. 1195 of 2021 (Arijit Kumar Verma Vs. Sabhajeet), which was filed in the month of September, 2021 as such, the petitioner has approached this Court seeking a direction to decide the suit, in issue, at an early stage of proceedings. As such, the present petition for the main relief sought, at this stage, is not maintainable. In this regard, reference can be made to the judgments passed by the Division Bench of this Court in the cases of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors. 2015 (109) ALR 513.

¶6After considering the case of the petitioner in the light of the parameters laid down by this Court in the cases of Km. Shobha Bose (Supra) and Ali Shad Usmani (supra), this Court is of the view that no direction, at this stage, can be issued to the Authority concerned to decide the above mentioned suit within the certain time frame.

¶7In view of above, the relief, as prayed for in this petition, cannot be granted at this stage. As such, the present petition is disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings of the pending case before the Authority/Court concerned and in case, such an application is moved, then the Authority/Court concerned shall pass appropriate orders on the same within reasonable time in accordance with law.

¶8It is made clear that the Court has not examined the case of either party on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.

¶9With the aforesaid, the petition is disposed of. Order Date :- 10.10.2023 Mohit Singh/- ..............................................(Saurabh Lavania,J.) High Court of Judicature at Allahabad, Lucknow Bench