Virendra Nath Rai vs Chandra Dev Rai And 9 Others
2023 Latest Caselaw 9510 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3376 of 2023
 
Petitioner :- Virendra Nath Rai
 
Respondent :- Chandra Dev Rai And 9 Others
 
Counsel for Petitioner :- Chandra Kumar Rai
 

 
Hon'ble Prakash Padia,J.

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

"(i) issue a direction to the Additional Civil Judge (Junior Division), Court No.14, Azamgarh to decide the Civil Suit No.7 of 2008 (Mahendra Nath Rai vs. Chandra Bhan Rai and others) within stipulated period as fix by this Hon'ble Court preferably within six month."

It reveals from perusal of the record that earlier the father of the plaintiff-petitioner namely Mahendra Nath Rai preferred a petition before this Court in Matter Under Article 227 No. 1640 of 2018 which was finally disposed of by the Coordinate Bench of this Court vide judgment and order dated 23.03.2018, which reads as follows:-

"The only prayer made in the instant petition is for issuing direction to the trial court to decide Original Suit No. 7 of 2008, which was filed by the predecessor in title of the present petitioner, within a time specified by this Court.

Counsel for the petitioners submitted that the defendants have already entered appearance and are contesting the proceedings.

Having regard to the submissions made, the instant petition is disposed of by directing the trial court to decide the suit expeditiously, without granting unnecessary adjournments to the parties. "

It is further argued that inspite of the same, till date no decision has been taken.

Though this is a second petition for the same cause of action, the Court is of the opinion that the present petition is not maintainable but in view of the peculiar facts and circumstances of the case, the present petition is disposed of finally directing the trial court to comply with the order as quoted above passed in the case of Mahendra Nath (Deceased) And Another (Supra).

Order Date :- 31.3.2023

Swati