Amla Devi v. The Court of Learned Civil Judge (Junior Division),Kadipur, Sultanpur and 6 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5709 of 2023 Petitoner :- Amla Devi Respondent :- The Court Of Learned Civil Judge (Junior Division),Kadipur, Sultanpur And 6 Others Counsel for Petitioner :- Vijay Bahadur Yadav Hon'ble Saurabh Lavania,J.

¶1Heard.

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

¶3Present petition has been filed for the following main reliefs:- "direct the Opposite Party No. 1 i.e. The court of Learned Civil Judge (Junior Division), Kadipur, Sultanpur to decide the original suit for permanent injunction bearing suit No. 81 of 2014; (Amla Devi Vs. Shri Ram), expeditiously as this Hon'ble Court may deemed fit which is pending before Opposite Party No. 1 since 2014 (contained in Annexure No.1 to this petition), in the interest of justice"

¶4Taking note of the facts that the issues were framed on 17.05.2015 and the period of pendency of the suit in issue i.e. about nine years, the present petition is disposed of with a direction to respondent No.1-Court Of Learned Civil Judge (Junior Division),Kadipur, Sultanpur to decide the suit, indicated in prayer clause, most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting any unnecessary adjournment to either party preferably within a period of one and a half years from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.

¶5The benefit of the order would be available to the petitioner if he would appear on the each date fixed in the case.

¶6It is made clear that the Court has not examined the case of either of the parties on merits and the authority/court concerned shall be free to decide the matter strictly in accordance with law. Order Date :- 7.11.2023 Mohit Singh/- High Court of Judicature at Allahabad, Lucknow Bench