Mahendra Chaudhary And Another v. Kailash Nath Chaudhary

Mahendra Chaudhary And Another v. Kailash Nath Chaudhary

(High Court Of Judicature At Allahabad)

MATTERS UNDER ARTICLE 227 No. - 6182 of 2022 | 08-08-2022

Piyush Agrawal, J.

1. Heard learned counsel for the petitioners.

2. In view of the order proposed to be passed, notices need not go to the private respondents.

3. The petitioners before this Court is seeking a direction to the Civil Judge (Senior Division), Varanasi to decide Suit No. 892 of 2019 (Kailash Nath Chaudhary vs. Mahendra Chaudhary and Another) within stipulated period of time.

4. It is argued by the learned counsel for the petitioners that since the matter is pending consideration, the petitioners are suffering irreparable loss.

5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the concerned court below to consider and decide the aforesaid case in accordance with law expeditiously but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.

6. It is made clear that no unnecessary adjournments shall be granted to either of the parties and in case any adjournment is sought on behalf of the parties the same shall be granted after imposing cost of Rs. 500/- per adjournment upon the party concerned.

Advocate List
Bench
  • Hon'ble Justice Piyush Agrawal
Eq Citations
  • LQ
  • LQ/AllHC/2022/13573
Head Note

A. Constitution of India — Arts. 226 and 32 — Exercise of power — Writ petition — Civil Suit — Expeditious disposal of — Petitioner seeking direction to Civil Judge (Senior Division) to decide suit within stipulated period of time — Held, without expressing any opinion on merits of issue, present petition disposed of finally with direction to court below to consider and decide suit in accordance with law expeditiously but certainly after giving opportunity to parties concerned and without granting unnecessary adjournments to either of parties, if there is no legal impediment — Clarified that no unnecessary adjournments shall be granted to either of parties and in case any adjournment is sought on behalf of parties, same shall be granted after imposing cost of Rs. 500/- per adjournment upon party concerned — Civil Procedure Code, 1908 — Or. 17 R. 1 and Or. 17 R. 2(4) — Delay in disposal of suit — Expeditious disposal of (Paras 3 to 6)