Mohd. Arafat vs Masood Alam
2023 Latest Caselaw 19035 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148305
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7517 of 2023
 

 
Petitioner :- Mohd. Arafat
 
Respondent :- Masood Alam
 
Counsel for Petitioner :- Abhishek Tripathi
 

 
Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner.

This petition has been filed seeking the following relief:

"Issue an order or direction, commanding and directing the Additional Civil Judge (Senior Division) Court No.II, Kanpur Nagar, to decide the Original suit No.669 of 2001 'Moinudding vs. Masood Alam' pending before him within six months or within such reasonable time as this Hon'ble court may deem fit and proper in prescribing the same."

It appears that the plaintiff filed the suit bearing Suit No.669 of 2001 in the court of the Civil Judge (Senior Division), Kanpur Nagar, seeking recovery of possession and damages, including damages pendente lite. The plaintiff-petitioner is a substituted legal representative of the original plaintiff.

It is contended by the learned counsel for the petitioner that the issues were framed in December, 2003 and the suit itself was decreed ex-parte pursuant to a judgment and order dated 9.11.2021, whereafter a restoration application filed by the defendant came to be allowed and the suit is pending. It is contended that the suit is very old and as such, direction may be issued by the Court.

Under the circumstances, it would not be appropriate to issue any specific direction as prayed in this petition. However, considering that the suit is more than twenty two years old, this Court requires the trial court to ensure that the suit proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is no legal impediment in proceeding further and all the parties are duly served with notice of the proceeding.

With the aforesaid observation, the petition is disposed of.

Order Date :- 25.7.2023

K.K.Tiwari

(Jayant Banerji, J.)