Anil Kumar vs Sageer Ahmad
2022 Latest Caselaw 4503 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4242 of 2022
 

 
Petitioner :- Anil Kumar
 
Respondent :- Sageer Ahmad
 
Counsel for Petitioner :- Dhiraj Srivastava
 

 
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 Sri Dhiraj Srivastava, 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.51 of 2015 (Saghir Ahmad Vs. Sri Ram Swaroop) pending in the court of Additional District Judge, Court No.2, Saharanpur, within a stipulated period of time.

It is submitted by learned counsel for petitioner that suit filed by father of petitioner was decreed vide order dated 30.3.2015 and the defendant-respondent preferred an appeal being Civil Appeal No.51 of 2015 (Saghir Ahmed Vs. Sri Ram Swaroop). Learned Additional District Judge vide order dated 21.4.2015 was pleased to stay the judgment and decree dated 30.3.2015. It is further submitted that since the stay order is in operation in favour of defendant-respondent, he is avoiding the disposal of civil appeal which is pending since 2015.

Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Additional District Judge, Court No.2, Saharanpur is directed to decide the Civil Appeal No.51 of 2015 (Saghir Ahmad Vs. Sri Ram Swaroop), expeditiously in accordance with law after affording reasonable opportunities of hearing to the parties concerned, preferably within a period of six months 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 :- 27.5.2022

Kpy