Smt. Sunita v. Smt. Anita

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5674 of 2023 Petitioner :- Smt. Sunita Respondent :- Smt. Anita Counsel for Petitioner :- Rakesh Kumar Nayak 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 relief:- "(i) To direct Civil Judge (Junior Division)-North, Room No. 24, District Sultanpur to decide the Regular Suit No.105/2018 'Smt. Sunita Vs. Smt. Anita' pending since 23.01.2018, expeditiously within a stipulated period."

¶4Considering the facts of the case particularly that the case is pending for more than five years and on account of pendency of the aforesaid case, petitioner is suffering great hardship. The present petition is disposed of with a direction to Civil Judge, (Junior Division)-North, Room No. 24, District-Sultanpur to decide the Regular Suit No. 105 of 2018, 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 half years from the next date fixed in the case, if possible and if there is no other legal impediment in this regard.

¶5It 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.

¶6Further, it is made clear that the benefit of this order would be available to the petitioner if appears before the court concerned on each date fixed. Order Date :- 7.11.2023 Raj High Court of Judicature at Allahabad, Lucknow Bench