Mohammad Naseem @ Naseema vs Additional District Judge, Court ...
2023 Latest Caselaw 22232 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:54284
 
Court No. - 17
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4083 of 2023
 

 
Petitioner :- Mohammad Naseem @ Naseema
 
Respondent :- Additional District Judge, Court No. 11, Lucknow And Another
 
Counsel for Petitioner :- Lokendra Kumar Gupta,Mirza Humayun Qadar,Sumit Gupta
 

 
Hon'ble Alok Mathur,J.

1. Heard Sri L. K. Gupta, learned counsel for the petitioner.

2. By means of the present petition the petitioner has sought a direction to Additional District Judge, Court No.11, Lucknow to decide S.C.C. Suit No.117 of 2020 (Mohd. Naseem @ Naseema Vs. Mohd. Rashid) expeditiously.

3. It has been submitted by learned counsel for the petitioner that the suit was filed in the year 2020 and all the pleadings and evidence have been concluded even final arguments were advanced by both the parties and the case was reserved for judgment on 18.5.2023. It is submitted that subsequently the matter was listed for further arguments on 29.5.2023 and since then the arguments have not been advanced.

4. Learned counsel for the petitioner submits that due to non -cooperation of learned counsel for the respondents, the matter has not been argued deliberately on subsequent dates and consequently prayer has been made for a direction to the court concerned to conclude the matter expeditiously.

5. A perusal of the order sheet reveals that the arguments were concluded on 18.5.2023 but subsequently the matter was fixed for further hearing. Contrary to the assertions made by the petitioner even counsel for the respondents had appeared on the last date i.e. 5.8.2023 and now the next date fixed is 26.8.2023.

6. A perusal of the order sheet further indicates that the matter is now at final stage and even has been argued finally at one occasion. Considering the fact that the suit was filed in the year 2020; all the pleadings and evidence have been concluded; it is only fixed for further hearing; only on 3 to 4 occasions the matter has been got adjourned due to non -availability of counsel for the respondent; also noticing the fact that learned counsel for the respondents has appeared on the last date; no extraordinary circumstance is made out for interference by this Court under Article 227 of the Constitution of India requiring any direction to be given as prayed for by the petitioner.

7. Needless to say that the court concerned shall make all efforts for expeditious conclusion of the proceedings subject to cooperation of the parties.

8. With aforesaid observations the petition stands dismissed.

Order Date :- 17.8.2023          (Alok Mathur, J.)
 
RKM.