Allahabad High Court
Smt. Neeta Agrawal vs Smt. Shanti Rani Agrawal And 4 Others on 8 December, 2023
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:233005
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 220 of 2016
Petitioner :- Smt. Neeta Agrawal
Respondent :- Smt. Shanti Rani Agrawal And 4 Others
Counsel for Petitioner :- Sheo Ram Singh,Nitin Agrawal,Priya Dimri,Priya Dim
Counsel for Respondent :- Ashish Kumar Singh
Hon'ble Prakash Padia,J.
Ref:- Civil Misc. Clarification/Modification Application No.11 of 2023
1. The following order was passed on 07.12.2023:-
"Vide order dated 24.04.2023, direction was given by this Court to decide the Suit in question most expeditiously and positively within a period of six months from the date of judgment. The presiding Officer was further directed to submit action taken report before this Court on or before 01.12.2023.
Report submitted by the Presiding Officer dated 28.11.2023 is on record. It reveals from the perusal of report that matter is still consideration before the court below. It is stated in the aforesaid report that on 28.11.2023, issue has already been framed and for disposal of the preliminary issue, date was fixed 02.12.2023. Nothing has been stated in the entire report that within how much time the Presiding Officer will decide the matter.
In this view of the matter and also in the interest of justice, the court is of the opinion that before passing any further order, fresh report be called for from the Presiding Officer.
In view of fact and circumstances of the case, Sri Ashish Mishra, learned counsel appearing on behalf of High Court, Allahabad having Mobile No. 9936155611 & 9794100100, Resident of A-I (5)-21, Sarojini Apartments, Sarojini Naidu Marg, (Near A.G. Office), Prayagra is requested to communicate the order passed today to Presiding Officer before whom matter is pending. The Presiding Officer is directed to submit its fresh report specially to the effect within how much period court will decide the matter.
After the aforesaid order was passed, Sri Ashish Mishra, Advocate appeared before the court, he is requested to communicate the copy of the order passed today to the Presiding Officer and placed before this Court a fresh report submitted by the Presiding Officer.
Put up tomorrow at 12.00 Noon.
Registrar (compliance) of Allahabad High Court is directed to communicate the copy of this order to Sri Ashish Mishra today itself."
2. Pursuant to the same, Sri Chandan Sharma, learned counsel put up his appearance on behalf of High Court. It is informed by him after discussion made with the Presiding Officer that the Presiding Officer has joined the post very recently and issues were framed only in the month of December, 2023 itself and the Presiding Officer made a request to this Court to grant reasonable time to decide the Suit No.432 of 2000 (Smt. Neeta Agarwal Vs. Smt. Shanti Rani Agarwal & two others).
3. In this view of the matter, the Court below before whom the matter is pending is directed to decide the aforesaid suit on or before 30th April, 2024 without granting any unnecessary adjournment to any of the parties.
4. In case, any of the party seeks adjournment, the same be granted after imposing exemplary costs.
5. Sri Chandan Sharma, learned counsel for the High Court is directed to communicate a copy this order to the Presiding Officer within three days.
6. With the aforesaid observation, the present clarification/modification application is allowed.
Order Date :- 8.12.2023
saqlain
