Ram Raj vs Civil Judge (J.D.) South Room No. ...
2023 Latest Caselaw 23444 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:56800
 
Court No. - 18
 
Case :- MATTERS UNDER ARTICLE 227 No. - 4273 of 2023
 
Petitioner :- Ram Raj
 
Respondent :- Civil Judge (J.D.) South Room No. 24 Sultanpur And 3 Others
 
Counsel for Petitioner :- Vivek Kumar Mishra,Kailash Chandra
 

 
Hon'ble Saurabh Lavania,J.

Heard learned counsel for the petitioner.

In view of order proposed to be passed, issuance of notice to the private-respondents is hereby dispensed with.

By means of this petition, the petitioner has sought the following main relief:-

"(a). Issue, order or direction in the commanding to the opposite party no.1, to decide Suit for Specific Performance of contract & Declaration pending before the learned Civil Judge (J.D.), South Room No. 24, Sultanpur in Original Suit No. 108 of 2020 ( Ram Raj Vs. Ram Das and others), within stipulated period."

The present petition has been filed for expeditious disposal of pending Original Suit No. 108 of 2020 ( Ram Raj Vs. Ram Das and others), which was filed in the year 2020, as such, the petitioner has approached this Court seeking a direction to decide the suit, in issue, at an early stage of proceedings. As such, the present petition for the main relief sought, at this stage, is not liable to be entertained. In this regard, reference can be made to the judgments passed by the Division Bench of this Court in the cases of Km. Shobha Bose v. Judge Small Causes & Ors., 2011 (88) ALR 850 and Ali Shad Usmani & Ors. v. Ali Isteba & Ors. 2015 (109) ALR 513.

After considering the case of the petitioner in the light of the parameters laid down by this Court in the cases of Km. Shobha Bose (Supra) and Ali Shad Usmani (supra), this Court is of the view that no direction, at this stage, can be issued to the court concerned to decide the above mentioned suit within the certain time frame.

In view of above, the relief, as prayed for in this petition, cannot be granted at this stage. As such, the present petition is disposed of with liberty to the petitioner to move an appropriate application for expediting the proceedings of the pending case before the court concerned and in case, such an application is moved, then the court concerned shall pass appropriate orders on the same within reasonable time in accordance with law.

It is made clear that the Court has not examined the case of either party on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 25.8.2023

Jyoti/-