Digant Kumar Khandelwal vs Addl. Civil Judge J.D. Pratapgarh ...
2021 Latest Caselaw 9929 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- MISC. SINGLE No. - 16618 of 2021
 

 
Petitioner :- Digant Kumar Khandelwal
 
Respondent :- Addl. Civil Judge J.D. Pratapgarh & Ors.
 
Counsel for Petitioner :- Prasoon Srivastava,Sandeep Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajnish Kumar,J.

Shri Sandeep Srivastava, learned counsel for the petitioner submitted that the petitioner has filed a suit for declaration bearing Suit No.738 of 2018; Digant Kumar Khandelwal Versus Madan Lal and others. The suit is pending in the court of Additional Civil Judge (Jr.Div.), Pratapgarh. The said suit was proceeded exparte on 01.04.2019. Thereafter after hearing the exparte arguments on 17.02.2020 the case was fixed for delivery of judgment on 21.03.2020, but the judgment was not delivered on account of lockdown. Thereafter the respondents filed an application for recall of the exparte order, which was not pressed on 17.03.2021. Thereafter the matter was heard on 05.04.2021 and the case was fixed for 27.04.2021 for judgment. But on the said date the judgment has not been delivered and now the case is fixed on 18.09.2021. Accordingly learned counsel for the petitioner made an innocuous prayer for a direction to the court concerned to dispose of the suit within some stipulated period.

Perusal of the order sheet indicates that on 17.02.2020 the case was fixed for remaining arguments on 21.03.2021 and on 05.04.2021 the case was fixed for further orders on 27.04.2021.

Considering the order proposed to be passed issuance of notice to opposite parties No.2 to 4 is dispensed with. Opposite party no.1 is the court concerned.

The petition is disposed of with liberty to the petitioner to move appropriate application for expeditious disposal of the suit. In case the same is not disposed of on the date fixed i.e.18.09.2021, the concerned court may consider the same and in case there is no legal impediment make an endeavorer to decide the suit expeditiously.

Order Date :- 9.8.2021

Banswar