Ghanshyam Gautam vs Addl. District And Sessions Judge ...
2023 Latest Caselaw 675 ALL

Citation : 2023 Latest Caselaw 675 ALL
Judgement Date : 6 January, 2023

Allahabad High Court

Ghanshyam Gautam vs Addl. District And Sessions Judge ... on 6 January, 2023

Bench: Manish Mathur




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 
Case :- MATTERS UNDER ARTICLE 227 No. - 43 of 2023
 
Petitioner :- Ghanshyam Gautam
 
Respondent :- Addl. District And Sessions Judge Court No. 9, Lko. And Others
 
Counsel for Petitioner :- Mahesh Chandra Shukla
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner.

In view of order being proposed to be passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned to decide first appeal along with application for condonation of delay registered as misc. case no.35 of 2019.

Learned counsel for petitioner submits that Regular Suit No.83 of 2013 had been filed by the petitioner which was decreed vide judgment and decree dated 20.08.2018 against which a time barred appeal under section 96 of the Code has been filed along with an application for condonation of delay registered as Miscellaneous Case No.35 of 2019 in which the petitioner has already filed response on 15.01.2019 itself but till date only general dates are being allocated in the matter without final hearing.

Considering submissions advanced by learned counsel for petitioner and upon perusal of material available on record, it appears that only general dates are being allocated in the matter for final hearing although the petitioner has already filed his response in January 2019 itself.

In view of aforesaid, the court concerned i.e. Additional District and Sessions Judge, Court No.9, Lucknow is directed to decide the application for condonation of delay registered as Misc Regular Civil Appeal No.35 of 2019; Smt. Shanti Devi and others versus Ghanshya, expeditiously, preferably within a period of six weeks from the date a copy of this order is brought on record of the proceedings.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/trial.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 6.1.2023

Subodh/-