Smt. Noorjahan vs Addl.Dist.Judge / Special ...
2021 Latest Caselaw 983 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MISC. SINGLE No. - 1204 of 2021
 

 
Petitioner :- Smt. Noorjahan
 
Respondent :- Addl.Dist.Judge / Special Judge,Pocso Act-Iiird,Lko. &Ors.
 
Counsel for Petitioner :- Ravi Shanker Tewari,Keshav Ram Chaurasia,Sheo Pal Singh
 

 
Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner.

In view of the order proposed to be passed by this Court, notice to the private-respondents No.2 to 6 is dispensed with.

The petitioner has approached this Court with the limited prayer that the litigation in between the petitioner and the private-respondents No.2 to 6 is engaging attention of the Court since 1979. Initially, the suit came to be decided by means of the judgment dated 30.10.2012. The aforesaid judgment was assailed in regular civil appeal filed by the predecessor-in-interest of the opposite parties No.2 to 4, which was registered as Regular Civil Appeal No.12/2013.

During pendency of the aforesaid regular civil appeal, the tenant who is the original appellate before the court below introduced two other persons and they also preferred Regular Civil Appeal No.138/2013. Both the aforesaid appeals have been connected and are engaging attention of the Additional District Judge / Special Judge (POCSO Act)-III, Lucknow.

The submission is that the S.C.C Suit which was instituted in the year 1979 only on the question of challenging the title was referred before the regular Court under Section 23 of the Provincial Small Cause Courts Act, 1887 came to be decided in October, 2012. In the aforesaid circumstances, it is prayed that the aforesaid appeal may be decided expeditiously.

On being pointed out that the petitioner has only paid the court fee in respect of one matter whereas two separate appeals are engaging attention of the court below, accordingly, learned counsel for the petitioner has also submitted the deficient court fee and the deficiency is made good and is taken on record.

In view of the aforesaid, this Court is of the opinion that ends of justice can be served by directing the Additional District Judge / Special Judge (POCSO Act)-III, Lucknow to consider and decide the pending Regular Civil Appeal No.12/2013 and connected with Regular Civil Appeal No.138/2013 without granting unnecessary adjournment except in exceptional circumstances most expeditiously preferably within a period of three months from the date a copy of this order is placed before the court concerned after affording opportunity of hearing to the parties.

With the aforesaid, the writ petition is disposed of.

Order Date :- 18.1.2021

Rakesh/-