Vidyavati Dixit vs Sri Mahesh And Another
2023 Latest Caselaw 23968 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:173974
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8973 of 2023
 

 
Petitioner :- Vidyavati Dixit
 
Respondent :- Sri Mahesh And Another
 
Counsel for Petitioner :- Sunil Kumar Singh
 
Counsel for Respondent :- Anand Prakash Paul
 

 
Hon'ble Prakash Padia,J.

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

2. Heard Sri Sunil Kumar Singh, learned counsel for the petitioner, Sri Anand Prakash Paul, learned counsel for respondents and perused the record.

3. The present petition has been filed with the following relief:-

"i. Issue an order or direction, setting-aside the judgment and order dated 17.12.2022 passed by Additional District Judge, Court No. 1, Kanpur Nagar in S.C.C. Revision No.65 of 2019, (Smt. Vidyavati Dixit Vs. Sri Mahesh), whereby he rejected the S.C.C. Revision filed by the plaintiff/petitioner, as well as judgment and order dated 09.08.2019 passed by Judge Small Causes Court, Kanpur Nagar, in S.C.C. Suit No.131 of 2014, (Smt. Vidyavati Dixit vs. Sri Mahesh), whereby he rejected the S.C.C. Revision filed by the plaintiff/petitioner."

4. It reveals from the perusal of the record that the suit being SCC Suit No. 131 of 2014 in question was filed in the year 2014. In the year 2019 an application was filed by respondent no.1 under Order I Rule 10 of C.P.C. for impleading the Kanpur Development Authority as respondent in the aforesaid suit. The aforesaid application was allowed by the trial court vide order dated 9.8.2019. Aggrieved against the aforesaid, a revision being Civil Revision No.65 of 2019 was filed. The same was rejected by the revisional court vide order dated 17.12.2022.

5. After some arguments, learned counsel for the petitioner has confined his prayer only to the effect to direct the court below to decide the aforesaid suit expeditiously.

6.The aforesaid prayer has not been opposed by Sri Anand Prakash Paul, learned counsel for respondents.

7. In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid suit strictly in accordance with law most expeditiously and preferably within a period of six months unless there is no legal impediment.

8. It is made clear that the court below will not grant any unnecessarily adjournment.

Order Date :- 29.8.2023

S.K.