Rakesh Kumar And 4 Others vs Smt. Meena Bansal And 7 Others
2023 Latest Caselaw 674 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12154 of 2022
 

 
Petitioner :- Rakesh Kumar And 4 Others
 
Respondent :- Smt. Meena Bansal And 7 Others
 
Counsel for Petitioner :- Pankaj Agarwal
 

 
Hon'ble Ajit Kumar,J.

Heard Ms. Utkarshini Singh, learned Advocate, holding brief of Sri Pankaj Agarwal, learned counsel for the petitioners.

By means of this petition under Article 227 of the Constitution of India, the petitioner wants expeditious disposal of Misc. Case No.168 of 2016 under Order IX Rule 13 of the Code of Civil Procedure pending in the Court of Additional Judge, Small Causes Court, Meerut.

It is submitted by learned counsel for the petitioner that the matter had already been heard and the judgment was reserved on 9.11.2022 to be pronounced on 17.11.2022. However, thereafter no judgment was passed and the matter was directed to be put for hearing on some miscellaneous application filed by the respondent.

Since the matter has already been heard once by the court concerned, the order could not be pronounced in misc. application filed by the respondents pending consideration, the present petition is disposed of with direction to the court concerned to dispose of the pending miscellaneous case no.168 of 2016 within a maximum period of 60 days from the date of production of certified copy of this order giving full opportunity of hearing to the parties.

However, if for any technical reason and unavoidable circumstances the aforesaid order is not complied with in a sense that the appeal does not get disposed of within time framed by this Court, such delay will not by itself hold the Presiding Judge personally liable for any contempt of this Court.

Order Date :- 6.1.2023

Deepika