Rajendra Prasad vs Indian Oil Corporation Ltd.
2022 Latest Caselaw 2769 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3350 of 2022
 

 
Petitioner :- Rajendra Prasad
 
Respondent :- Indian Oil Corporation Ltd.
 
Counsel for Petitioner :- Anil Kumar Bind
 

 
Hon'ble Vipin Chandra Dixit,J.

Learned counsel for petitioner is permitted to correct the description of parties during the course of the day.

Heard learned counsel for petitioner and perused the record.

This petition under Article 227 of the Constitution of India has been filed by petitioner for expeditious disposal of Civil Appeal No.25 of 2013, arising out of Original Suit No.518 of 1997 (Indian Oil Corporation Ltd. Vs. Rajendra Prasad) pending in the court of Additional District and Sessions Judge, F.T.C., Court No.2, Farrukhabad, within a stipulated period of time.

It is submitted by learned counsel for petitioner that suit filed by petitioner was decreed by Additional Civil Judge (J.D.), Farrukhabad vide judgment and decree dated 10.12.2012 and the respondent-defendant had filed civil appeal against the judgment and decree dated 10.12.2012 which was registered as Civil Appeal No.25 of 2013. Lastly, it is submitted that on account of delaying tactics adopted by respondent-defendant the civil appeal could not be proceeded and is pending since 2013.

Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Additional District and Sessions Judge, F.T.C., Court No.2, Farrukhabad is directed to decide the Civil Appeal No.25 of 2013, arising out of Original Suit No.518 of 1997 (Indian Oil Corporation Ltd. Vs. Rajendra Prasad), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of one year from the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.

With the aforesaid directions, the petition is disposed of.

Order Date :- 13.5.2022

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