Mohammad Ejaz Khan and 2 Others v. Learned Addl. Civil Judge (S.D.) Court No. 21, Lko. and 2 Others

Court No. - 17 Case :- MATTERS UNDER ARTICLE 227 No. - 5972 of 2023 Petitioner :- Mohammad Ejaz Khan And 2 Others Respondent :- Learned Addl. Civil Judge (S.D.) Court No. 21, Lko. And 2 Others Counsel for Petitioner :- Irfan Khan,Abdur Rub Hon'ble Alok Mathur,J. C. M. Application No.IA/2 of 2023-for amendment.

¶1Heard Sri Irfan Khan, learned counsel for the applicants/petitioners.

¶2The cause shown in the accompanying affidavit is sufficient. The application is allowed. The petitioner is permitted to carry out the amendment in prayer clause by replacing 'Criminal Misc. Case No.7 of 2018' with 'Misc. Case No.7 of 2018'. Order on memo of the petition.

¶1Heard Shri Irfan Khan, learned counsel for the petitioners.

¶2By means of the present writ petition it has been prayed that Additional Civil Judge (Senior Division), Court No.21, Lucknow may be directed to decide Misc. Case No.7 of 2018 (Smt. Anees Jahan & others Vs. Mohd. Hashim and another) within a stipulated time as the same is pending for a long time.

¶3It has been submitted that the petitioner has filed a suit for ejectment and also for recovery of arrears of rent and Measne Profits before Judge, Small Causes, Lucknow which is pending since February, 2018. It has been stated that the said case was dismissed for want of prosecution.

¶4Considering this fact as well as arguments of learned counsel for the petitioner, the petition is disposed of with a liberty to the petitioner to move appropriate application before the trial court raising all the grounds for which he seeks expeditious disposal of his case. On the said application being filed before the trial court, the trial court shall consider the same and pass appropriate orders thereon. In case, the application is filed by the petitioner within next two weeks the trial court shall pass appropriate orders on the application for expediting the suit within four weeks thereafter, if possible, in accordance with law. (Alok Mathur, J.) Order Date :- 7.12.2023 RKM. High Court of Judicature at Allahabad, Lucknow Bench