Achchyutanand Tiwari vs Civil Judge (Junior Division) ...
2023 Latest Caselaw 11582 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1948 of 2023
 

 
Petitioner :- Achchyutanand Tiwari
 
Respondent :- Civil Judge (Junior Division) Distt. Gonda And Others
 
Counsel for Petitioner :- Vijayendra Prakash Tripathi
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner.

In view of order being proposed to be passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of application referred by petitioner under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure registered as Misc. Suit No. 51 of 2003 in Regular Suit No. 1068 of 1998.

Learned counsel for petitioner submits that in the aforesaid suit proceedings in which petitioner is a defendant, the aforesaid application had been preferred against the ex-parte judgment and decree dated 02.01.2003 in Regular Suit No. 1068 of 1998. The said application is still pending consideration despite passing of more than twenty years and as such expedite orders are required to be passed.

Considering submissions advanced by learned counsel for petitioner, opposite party no.1 i.e. Civil Judge (Junior Division), District- Gonda, is directed to decide the pending application under Order 9 Rule 13 read with Section 151 of the Code of Civil Procedure registered as Misc. Suit No. 51 of 2003 'Achchyutanand Tiwari And Others versus Mathura Prasad And Others' expeditiously, preferably within a period of 2 months from the date a certified copy of this order is brought on record of proceedings, in case there is no other legal impediment.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 18.4.2023

Mohd. Sharif