Riyazul Haque vs Mitthu @ Mithai And 2 Others
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Allahabad High Court

Riyazul Haque vs Mitthu @ Mithai And 2 Others on 2 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:882
 
Court No. - 52
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10557 of 2023
 
Petitioner :- Riyazul Haque
 
Respondent :- Mitthu @ Mithai And 2 Others
 
Counsel for Petitioner :- Anand Tripathi
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. This writ petition has been filed with a prayer to direct the Court below i.e. Civil Judge (Junior Division), Shahr, Jaunpur to decide the Suit No.55 of 2019 (Riyazul Vs. Mitthu and others), under Section 9 of Procedure of Civil Code, within stipulated and reasonable period.

3. From the perusal of order sheet, it appears that the aforesaid suit is pending since 9.1.2019 and several dates have been fixed in the matter.

4. Prayer so made in this writ petition is that a direction be issued to the Court below i.e. Civil Judge (Junior Division), Shahr, Jaunpur to decide the aforesaid suit within the time framed as may be fixed by this Court.

5. In view of the fact that even Written Statement has not yet been filed by the defendant, no such direction can be issued in view of the judgment of this Court passed in the case of Ali Shad Usmani vs. Ali Isteba; 2015 (2) ADJ 250 (DB).

6. Accordingly, the present writ petition is disposed of finally, at this stage, with liberty to the petitioner to move an appropriate application for expeditious disposal of the aforesaid suit before the Court concerned i.e. Civil Judge (Junior Division), Shahr, Jaunpur, in accordance with law and in case such an application is moved, the Civil Judge (Junior Division), Shahr, Jaunpur, shall pass an appropriate orders within reasonable time.

Order Date :- 2.1.2024

Rishabh

[Manish Kumar Nigam, J.]