Sunil Khetrapal vs Ajai Swaproop Mehrotra And 2 ...
2023 Latest Caselaw 19014 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:147570
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6390 of 2023
 

 
Petitioner :- Sunil Khetrapal
 
Respondent :- Ajai Swaproop Mehrotra And 2 Others
 
Counsel for Petitioner :- Himanshu Singh,Nitin Jain
 

 
Hon'ble Prakash Padia,J.

1. Heard learned counsel for the petitioner and perused the record.

2. The following order was passed on 05.07.2023:-

"1. The petitioner has preferred the present petition inter-alia with the following prayer:-

"I. It, is therefore most respectfully prayed that this Hon'ble Court may be pleased to hear the argument and deliver the judgment pending before Small Causes Court, Allahabad, being S.C.C. Suit No.14 of 1998 between (Sunil Khetrapal and Another vs. Ajay Swaroop and Another) on the day to day basis within time bound period."

2. It is unfortunate that the suit filed before the Judge, Small Causes, Allahabad in the year 1998 i.e., 25 years back but till date the same is still pending.

3. In the circumstances, District Judge, Allahabad is directed to obtain report from the Presiding Officer that why the aforesaid suit has not been decided and submit its report before this Court on or before the next date fixed in the matter.

4. Put up this matter as fresh on 25.07.2023.

5. Registrar (Compliance) is directed to communicate the copy of this order to the District Judge, Allahabad, today itself. "

3. Pursuant to the same, a report has been submitted by the Presiding Officer dated 13.07.2023 in which it is stated that various reasons were given on account of which the case could not be decided finally. It is further stated that court below will make all the efforts to decide the suit in question, expeditiously. It is informed by the counsel for the petitioner that next date fixed in the matter for hearing before the court below is 25.07.2023.

4. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondent(s) to notice and keeping this petition pending before this Court. However, in case the respondent(s) feels aggrieved by the order their right to seek modification/variation of the order is being kept reserved.

5. 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 but without granting any unnecessary adjournment unless there is no legal impediment.

Order Date :- 25.7.2023

Swati