Sri Ram Dheeraj Verma vs Ist Addl. District Judge Distt- ...
2023 Latest Caselaw 16801 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:37125
 
Court No. - 20
 
Case :- MATTERS UNDER ARTICLE 227 No. - 2768 of 2023
 
Petitioner :- Sri Ram Dheeraj Verma
 
Respondent :- Ist Addl. District Judge Distt- Bahraich And 3 Others
 
Counsel for Petitioner :- Durgesh Kumar Pathak,Shashwat Srivastava
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioner.

In view of order being proposed to be passed, notices to opposite parties stand dispensed with.

Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of appeal no.02 of 2018 instituted by opposite party no.2 against judgment and decree dated 29.01.2018 whereby regular suit instituted by opposite party no.2 has been dismissed.

It is submitted that petitioner has also filed cross-objection in Appeal No.02 of 2018 which are also pending consideration. It is further submitted that an application under Order 41, Rule 27 of the Code was filed by petitioner which has been rejected but remains unchallenged. It is submitted that due to pendency of appeal for the past more than five years, expedite orders are required to be passed.

Considering submissions advanced by learned counsel for petitioner, opposite party no.1 i.e. 1st Additional District Judge, Bahraich is directed to decide the pending appeal no.02 of 2018; Babu Nath & Anr. Ram Dheeraj Verma expeditiously, preferably within a period of six months from the date a certified copy of this order is brought on record of proceedings and in case there is no other legal impediment.

Benefit of this order shall be available only in case petitioner cooperates in early conclusion of the application/suit.

With the aforesaid direction, the petition stands disposed of.

Order Date :- 25.5.2023

Subodh/-