Raj Kishor Keshari vs Asha Devi
2025 Latest Caselaw 2374 Jhar

Jharkhand High Court

Raj Kishor Keshari vs Asha Devi on 4 February, 2025

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                 IN THE HIGH COURT OF JHARKHAND, RANCHI
                                      ----

C.M.P. No. 508 of 2024

----

Raj Kishor Keshari, son of late Pancha Hand Sah, aged about 57 years, resident of Pandeybari Jalsar Road, Deoghar, PO B.Deoghar, PS Sub Division and District Deoghar, presently residing at Flat No.2A, Ganpati Niketan, Near Navin Chandra Primary School, PO Gouranganagar, PS New Town, Kolkata 700159,State West Bengal ...... .... ... Petitioner(s)

-- Versus --

Asha Devi, wife of Laxman Keshri, resident of Hari Kishun Sah Lane of Deoghar Town, PO B.Deoghar, PS Sub Division and District Deoghar, Jharkhand ...... .... ...Opposite Parties

----

CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

---

           For the Petitioner(s)      :-     Mr. Vineet Prakash, Advocate
           For the Opp.Party(s)       :-
                                             ----
6/04.02.2025     Heard the learned counsel for the petitioner.

2. This petition has been filed under Article 227 of the Constitution of India for direction upon the learned Civil Judge (Sr.Division)-V Deoghar to expedite the hearing of Misc. Civil Application No.47 of 2023, preferred by the petitioner under Order IX Rule 13 of the CPC and decide the same within a time frame as the said Misc. Civil Application No.47 of 2023 is pending for hearing before the learned court.

3. Learned counsel for the petitioner submits that the said judgment and decree was passed ex-parte and in view of that, the petition under Order IX Rule 13 of the CPC has been preferred by the petitioner and in view of that a direction may kindly be issued to decide the same expeditiously.

4. In paragraph no.47.3 of the decision of the Constitution Bench in the case of High Court Bar Association, Allahabad v. State of Uttar Pradesh and Others reported in (2024) 6 SCC 267 it has been held that the Constitutional Courts in the ordinary course should refrain from fixing a time bound for disposal of the cases pending before any other court. It is for the concerned court to prioritize the cases for disposal. It is not disclosed in the petition that how the learned court is at fault in not disposing of the case at the earliest and it is for the parties concerned to take endeavour for disposal of the cases.

5. In view of the above no positive order can be passed. However, this petition is disposed of with liberty to the petitioner to pursue the said petition diligently.

( Sanjay Kumar Dwivedi, J.)

SI/