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2013 DIGILAW 2102 (ALL)

Viddyawati Devi v. Civil Judge (J. D. ) Ct. No. 23 And Others

2013-08-14

SANJAY MISRA

body2013
Sanjay Misra, J.— The petitioner claims to be defendant in Original Suit No. 1705 of 1993 (Smt. Rozi Samuel and others Vs Smt. Vidyawati Devi and others) and has filed Misc. Application No. 69 of 1999 (Smt. Vidyawati Devi Vs Smt. Rozi Samuel and others) in the said suit which is pending before the Civil Judge (Junior Division) Court no. 23, Gorakhpur (respondent no. 1). A prayer has been made to issue a direction to the respondent no. 1 to decide said suit expeditiously. In so far as the relief claimed by the petitioner is concerned, no such order requires to be passed by this Court since there is no material available on record to indicate the pendency position of cases before the respondent no. 1 and as to how many older cases than of the petitioner, are pending before him. Therefore, this petition is finally disposed of by providing that the petitioner can file an expedite application before the respondent no. 1, for expeditious disposal of the suit by giving cogent reasons as to why his case should be given precedence over other older cases pending before the respondent no. 1. In case such an expedite application is made by the petitioner, the respondent no. 1, should take into account his roster of older cases and pass reasoned order on the expedite application of the petitioner without any further delay. No order is passed as to costs. _____________