Anand Prakash Srivastava vs Addl. District Judge,Court No. 6, ...
2023 Latest Caselaw 14523 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:31727
 
Court No. - 21
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2323 of 2023
 

 
Petitioner :- Anand Prakash Srivastava
 
Respondent :- Addl. District Judge,Court No. 6, Lko. And Another
 
Counsel for Petitioner :- Sudhanshu Chauhan
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner. In view of the order being passed, notice to opposite parties stands dispensed with.

Petition under Article 227 of the Constitution of India has been filed for expeditious disposal of SCC Suit No.18 of 2019 instituted by petitioner for arrears of rent in ejectment.

Learned counsel for petitioner submits that in the aforesaid proceedings, final arguments were heard and judgment was reserved on 16th October, 2021. Subsequently, written arguments were to be submitted by parties but despite petitioner having submitted the same, defendant failed to do so and continuous opportunities were given to the defendants to do so. Learned counsel has submitted that thereafter only general dates were being allocated in the case and on 25th May, 2022 last opportunity was given to the defendant either to argue the case or file written statement. It is submitted that despite the fact on 30th May, 2022, again judgment was reserved grating a further opportunity to defendant to file written statement before judgment. It is submitted that despite such orders having been passed proceedings are yet pending consideration with only general dates being allocated, due to which expedite orders are required to be passed.

Considering the submissions advanced by learned counsel for petitioner, which appear to be borne out from the order sheet, opposite party no.1 Additional District Judge, Court No.6, Lucknow is directed to decide the SCC Suit No.18 of 2019; Anand Prakash Srivastava vs. Mukesh alias Mukesh Jaiswal expeditiously, within a period of two months from the date a certified copy of this order is brought on record of the proceedings, in case there is no legal impediment and without granting undue adjournments to either parties.

Benefit of this order shall be available to the petitioner only in case he co-operate with the proceedings.

With the aforesaid directions, the petition stands disposed of.

Order Date :- 8.5.2023

Arnima