Sita Ram And 3 Others vs Dashrath Pandey And 8 Others
2023 Latest Caselaw 19067 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:148186
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7513 of 2023
 

 
Petitioner :- Sita Ram And 3 Others
 
Respondent :- Dashrath Pandey And 8 Others
 
Counsel for Petitioner :- Anil Kumar Verma
 

 
Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioner.

This petition has been filed seeking the following relief:

"i) issue a order or direction commanding to the Additional Session Judge/Fast Track Court 14, Varanasi to decide the Civil Appeal No.65 of 2016 (Dashrath Pandey and others VS Sita Ram) with in stipulated time as fixed by this Hon'ble Court, otherwise the plaintiff/petitioner suffer irreparable loss and injury."

This petition has been filed by the plaintiff for eviction of the defendants and for possession was decreed by the trial court pursuant to a judgment and order dated 26.9.2016. The defendant-respondents had filed Civil Appeal No.65 of 2016 in the court of the District Judge Varanasi, which is stated to pending in the court of Additional Sessions/District Judge (14th, Finance Commission/FTC) Varanasi, which is stated to be pending since 24.10.2016.

Under the circumstances, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the appeal is more than seven years old, this Court requires the appellate court to ensure that the appeal is 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.)