Allahabad High Court
Madhuri Pandey vs Civil Judge And Another on 4 February, 2021
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 606 of 2021
Petitioner :- Madhuri Pandey
Respondent :- Civil Judge And Another
Counsel for Petitioner :- Mahendra Kumar Tripathi
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner.
In view of the order proposed to be passed, notices need not go to the private respondent.
The petitioner has preferred the present petition under Article 227 of the Constitution of India, inter alia, with the following prayer:
"(i) issue an order or direction in the nature of mandamus commanding the respondent no.1, Civil Judge,(Senior Division), Court No.18, Deoria to decide the Civil Suit No.283/2011: Smt. Madhuri Pandey Versus Smt. Manju Pandey and others, pending before him, within a stipulated period of time."
It appears from the perusal of record that earlier a petition was filed by the petitioner being Matters Under Article 227 No.195 of 2017 (Madhuri Pandey Vs. Civil Judge (S.D.) and another). The same was disposed of by a coordinate Bench of this Court vide judgment dated 12.1.2017 with the following order:
"Heard learned counsel for the petitioner.
The petitioner has filed this petition for a direction upon Civil Judge (S.D.), Court No. 18, Deoria to decide Civil Suit No. 283 of 2011 (Smt. Madhuri Pandey Vs. Smt. Manju Pandey and others) pending before him within a stipulated period of time.
In the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB) this Court has observed that the delay in disposal of cases is unfortunate but it is a systemic delay. Therefore, ordinarily the parties should be relegated to approach the court in seisin of the lis to take appropriate decision in the matter depending upon its roster and the pendency of the other old and important cases before it.
Accordingly, the petition is disposed of with liberty to the petitioner to approach the court concerned with an appropriate application for the expeditious disposal of the above suit. In the event the court is so approached and if considered necessary, do its best to ensure that it is decided expeditiously by curtailing all unnecessary adjournments and fixing short dates. In case any adjournment becomes imperative, not to allow it without imposing cost of atleast Rs. 1000/- per adjournment upon either of the parties seeking adjournment.
The petition is disposed of."
It is argued by learned counsel for the petitioner that in spite of the same, till date no final decision has been taken.
Considering the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid suit in accordance with law expeditiously and positively within a period of six months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 4.2.2021
SKM
