Ashok Kumar and 6 Others v. Civil Judge (J.D.) Kadipur Distt Sultanpur and Another

Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 6311 of 2023 Petitioner :- Ashok Kumar And 6 Others Respondent :- Civil Judge (J.D.) Kadipur Distt Sultanpur And Another Counsel for Petitioner :- Pradeep Kumar Shukla Hon'ble Rajnish Kumar,J. Sri Pradeep Kumar Shukla, learned counsel for the petitioners submits that the respondent no.2 has filed Regular Suit No.977/1992 for permanent injunction against the father of the petitioners. After his death, the petitioners have been substituted but the suit has not been disposed of till date. Perusal of the order sheet indicates that the case has either been adjourned on the ground of strike of lawyers or non-appearance of the petitioners, whereas the plaintiff remains present. Learned counsel for the petitioners, on being asked, also failed to indicate non-appearance of the petitioners atleast from 2018 onwards. Therefore only on mere asking of the petitioners, who themselves are not assisting the Court for disposal of the suit expeditiously, no direction can be issued by this Court. Even otherwise no such direction can be issued by this Court, unless there are some extraordinary ground or situation. However this Court has already issued directions on the administrative side for zero pendency of cases, which are more than five years old and it is for the concerned court and the District Judge to see the orders passed on the administrative side are being complied or not and if the same are not being complied,it is always open to the parties to approach the concerned court for expeditious disposal of the case, who may consider the same in accordance with law. With the aforesaid, the petition is dismissed. . Order Date :- 18.12.2023 Akanksha High Court of Judicature at Allahabad, Lucknow Bench