Sharma Housing vs Sri. Chandra Sen And 7 Others
2022 Latest Caselaw 8792 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 5879 of 2022
 

 
Petitioner :- Sharma Housing
 
Respondent :- Sri. Chandra Sen And 7 Others
 
Counsel for Petitioner :- Sanjay Agrawal
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Kamal Singh holding brief of Sri Sanjay Agrawal, learned counsel for the petitioner and perused the record.

Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Additional Civil Judge (Senior Division), Agra to decide the Application (Paper No.4Ga) registered as Misc. Case No.164 of 2016,( Sharma Housing (India) Private Ltd. vs. Sri. Chandra Sen and others) in Original Suit No.951 of 2012 within stipulated period of time.

It is submitted by the learned counsel for petitioner that the petitioner has filed an application on 08.07.2016, which is paper no.4Ga for setting aside the judgment dated 18.12.2015 and decree dated 01.01.2016 passed by Additional Civil Judge (S.D) Agra in Original Suit No.951 of 2012, which is registered as Misc. Case No.164 of 2016. It is further submitted that respondents had put in appearance before the learned court below and filed their objection but on account of delaying tactics adopted by the respondents, Misc. Case No.164 of 2016 could not be decided till date and pending since 2016. Only prayer is to direct the Court concerned for expeditious disposal of the same.

Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Additional Civil Judge (Senor Division), Agra/court concerned is directed to decide the Application (Paper No.4Ga) registered as Misc. Case No.164 of 2016, Sharma Housing (India) Private Ltd. vs. Sri. Chandra Sen and others in Original Suit No.951 of 2012 expeditiously and if possible within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.

With aforesaid direction, the instant petition is finally disposed of.

Order Date :- 1.8.2022

Asha