Mohobali @ Mohammad Ali v. Civil Judge (Junior Division) Room No. 29 Sultanpur and 16 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2870 of 2024 Petitioner :- Mohobali @ Mohammad Ali Respondent :- Civil Judge (Junior Division) Room No. 29 Sultanpur And 16 Others Counsel for Petitioner :- Vinod Kumar Pandey Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard Shri Vishnu Kumar Pandey, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.

¶2By means of the present petition under Article 227 of the Constitution of India, the petitioner has sought following prayer:- "I. to issue an appropriate order or direction to direct the opposite party no. 1 i.e. the Civil Judge (Junior Division) Court No. 29, Sultanpur to decide the Regular Suit No. 576 of 1997 (Samirul Nishan and others Vs. Rahmat Ali and others) within stipulated time."

¶3It is urged that though several dates were fixed in the case but for one reason or the other, the same could not be decided.

¶4The prayer made in the present writ petition is limited only to the extent that the learned Civil Judge (Junior Division), Court No. 29, Sultanpur be directed to decide the Regular Suit No. 576 of 1997 (Samirul Nisha and others Vs. Rahmat Ali and others) in a time bound manner.

¶5It is noteworthy, that this Court on administrative side has already issued directions to the Courts below to ensure zero pendency of cases which are more than five years old. In view of directions already issued on administrative side, this Court is not inclined to pass any further order on judicial side.

¶6In view of the order proposed to be passed in the present writ petition, notice to private respondents no. 2 to 17 is dispensed with.

¶7This Court at this stage is not inclined to interfere in the instant matter under Article 227 of the Constitution of India. However, in the interest of justice, liberty is granted to the petitioner to approach the learned Civil Judge (Junior Division), Court No. 29, Sultanpur by moving an appropriate application detailing urgency for expeditious disposal of Regular Suit No. 576 of 1997 (Samirul Nisha and others Vs. Rahmat Ali and others), and in case, if such an application is moved, the Court concerned shall consider the same within a period of three weeks from the date of filing of such an application along with the copy of this order. It is provided that if the Court concerned finds that a case for urgency is made out, it shall pass appropriate orders thereupon, in accordance with law.

¶8It is made clear that this Court has not examined the case on merit and the Court concerned shall decide the same on merit strictly in accordance with law.

¶9With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 4.6.2024 Virendra High Court of Judicature at Allahabad, Lucknow Bench