Smt. Anjum Fatima Ashraf vs Prescribed Authority, ...
2023 Latest Caselaw 5891 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 859 of 2023
 

 
Petitioner :- Smt. Anjum Fatima Ashraf
 
Respondent :- Prescribed Authority, Lucknow/Addl. Civil Judge (Senior Division),Room No. 21, Lko. And 3 Others
 
Counsel for Petitioner :- Paavan Awasthi,Prashast Puri
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner. In view of order being passed notices to opposite parties stand dispensed with.

Petition under Article 227 of Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of P.A. Case No. 58 of 2018 filed by petitioner under Section 21(1)(a) of the U.P. Act No. 13 of 1972.

Learned counsel for petitioner submits that initially sole defendant filed the written statement but subsequently application for impleadment was filed by other heirs of original tenant which was allowed on 19th December, 2022 and the time was granted to them for filing of written statement, which however has not been filed till date despite a number of opportunities having been granted for the same. It is submitted that answering opposite parties are deliberately delaying proceedings of P.A. suit leading injury to the petitioner. It is submitted that even the defendant No.1 had adopted delaying tactics and filed written statement only after opportunity to file written statment was closed twice. As such it is submitted that directions are required to be issued to the court concerned.

Learned counsel has placed reliance on judgments rendered by co-ordinate Bench of this Court in the case of Manju Devi versus Additional District Judge VIII, Allahabad and others reported in (2007) 68 ALR 761 (All) as also in the case of Girish Kumar versus Presiding Authority/Judges Small Causes Court, Meerut and others reported in (2010)83 ALR 20.

Considering submissions advanced, prescribed authority/Additional Civil Judge (Senior Division), Room No. 21, Lucknow is directed to ensure filing of written statement by newly impleaded defendants in the case or to proceed ex parte in case of deliberate failure to file written statement within specified time frame. Endeavour shall be made by the court concerned to decide P.A. case No. 58 of 2018 (Smt.Anjum Fatima Ashraf versus Kamaluddin and others) expeditiously, preferably within a period of one year from the date a certified copy of this order is brought on record in the proceedings without granting any undue adjournments to either parties and in case there is no other legal impediment.

Benefit of this order shall be available to the petitioner only in case he cooperates with the proceedings.

With the aforesaid directions, the petition stands disposed of.

Order Date :- 22.2.2023

prabhat