1. Heard Shri Harsh Vardhan, learned counsel for the petitioner. 2. Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.
3. Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Senior Division)/ SCC Judge, Sambhal, District-Sambhal at Chandausi, to decide the SCC Suit No. 50 of 2016 (Deepanshu Gupta Vs. Rajeevv Kumar sharma and others), within the time frame fixed by this Court.
4. Learned counsel for the petitioner submits that the Suit is pending consideration since 2016 and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Civil Judge (Senior Division)/ SCC Judge, Sambhal, District-Sambhal at Chandausi, to conclude and decide the Original Suit pending since 2016, within the time frame fixed by this Court.
5. I have heard learned counsel for the petitioner and have perused the record.
6. From the order-sheet of the proceedings, as brought on record as Annexure no. 3, the court finds that on 23.11.2022 the defendant/respondents has put in appearance but the written statement have yet not been filed.
7. Considering the totality of the circumstances, this petition is disposed of by requiring the learned Civil Judge (Senior Division)/ SCC Judge, Sambhal, District-Sambhal at Chandausi, in seisin of the SCC Suit No. 50 of 2016 (Deepanshu Gupta Vs. Rajeevv Kumar sharma and others), to grant one last opportunity to the defendant -respondents to file their written statements. If the defendant -respondents fails to file their written statement within the time allowed by the Trial Court, the Court shall close the opportunity to file written statement and proceed to finally decide the proceedings expeditiously, preferably within a period of one year from the date of production of certified copy of the order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties, following the directions issued by Hon'ble Supreme Court in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others) decided on 20.10.2023, contained in Paragraph 2 of the operative part of the order.