Allahabad High Court
Ashok Kumar Chaudhary vs Kripal Singh And 4 Others on 29 May, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:97856
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 7102 of 2024
Petitioner :- Ashok Kumar Chaudhary
Respondent :- Kripal Singh And 4 Others
Counsel for Petitioner :- Rahul Sahai
Hon'ble Ajit Kumar,J.
1. Heard Sri Rahul Sahai, learned counsel for the petitioner and perused the record.
2. By means of this petition filed under article 227 of the constitution, petitioner, who is defendant in a suit instituted by plaintiffs-respondents for permanent injunction being Original Suit No. 1177 of 2002; Kripal Singh vs. Raj Kumari, wants disposal of the suit on day to day basis or within a shortest possible spam of time.
3. Learned counsel for the petitioner submits that after framing of issues, the parties to the suit had already concluded their evidence and the suit is going on at the stage of final hearing since the year 2012. It is submitted that one after another miscellaneous application is being preferred by the plaintiffs-respondents and the Court is unnecessarily getting engaged in disposal of those applications and simultaneously not concluding final hearing of the suit. He submits that previously on three occasions this Court has passed orders for expeditious disposal of the suit. He submits that earlier First Appeal From Order No. No. 1115 of 2003 was filed by predecessor in interest of present petitioner, against the order of stay, where Division Bench of this Court vide order dated 3rd September, 2005, had directed for disposal of the suit within a period of six months without granting unnecessary adjournments. Relevant paragraph of the order dated 3rd September, 2005 is reproduced hereunder:-
"Considering the facts and circumstances of the case and the statement made by learned counsel for the parties, the appeal is disposed of with the direction to the Civil Judge, Senior Division, Mathura to dispose of the suit itself in accordance with law within a period of six months from the date of production of a certified copy of this order before him without granting any unnecessary adjournments. Learned counsel for the parties have made a statement that the parties shall not seek unnecessary adjournments and shall co-operated in disposal of the suit."
4. Thereafter, in Matter Under Article 227 No. 651 of 2011, on 30.03.2011, a further direction was issued by Co-ordinate Bench of this Court, to the trial court to dispose of the suit in terms of the order of Division Bench of this Court dated 3rd of September, 2005. Operative portion of the order dated 30.03.2011 is reproduced hereunder:-
"It appears that this Court vide order dated 03.09.2005 in First Appeal From Order No.1115 of 2003 has already directed the trial court to decide the suit within a period of six months from the date of production of a certified copy of the order. Since the mandamus has already been issued by this Court, it would not be appropriate to issue fresh mandamus. However, it is expected from the trial court to dispose of the suit expeditiously in pursuance of the direction issued by this Court on 03.09.2005."
5. Still further in Matter Under Article 227 No. 1742 of 2012 filed by predecessor-in-interest of present petitioner, again direction was issued to the trial court to dispose of the suit expeditiously in the light of direction contained in the order dated 3rd of September, 2005. Relevant portion of the order dated 19th September, 2012 is reproduced hereunder:-
"A perusal of the order dated 3.9.2005 establishes that the court had directed the Civil Judge (Senior Division) Mathura to dispose of the suit in accordance with law within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournments. Thereafter, in a petition filed under Section 227 of the Constitution of India the Court directed the trial court to dispose of the suit expeditiously in accordance with law as per directions contained in the order dated 3.9.2005."
6. Having perused the aforesaid orders as quoted hereinabove, I find justification in the prayer made by learned counsel for the petitioner for hearing of the suit to be directed to proceed on day today basis since suit is at the stage of final hearing.
7. Accordingly, this petition stands disposed of with a direction to the trial court to conclude final hearing in the suit, in the given facts and circumstances when already three directions have already been issued to proceed with the hearing of the suit, on day today basis without granting unnecessary adjournments to either of the parties and if for any compelling circumstance, adjournment is allowed then reason should be recorded by the Presiding Judge concerned for granting such adjournment. The endeavour of the trial Court would be to conclude final hearing in the matter within a maximum period of six months from the date of production of certified copy of this order and give final judgment in the matter on merits.
7. With the aforesaid observations, the petition stands disposed of.
Order Date :- 29.5.2024
Shiraz
