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2014 DIGILAW 1287 (ALL)

Pyare Lal v. Civil Judge (Junior Division)

2014-04-22

PANKAJ MITHAL

body2014
JUDGMENT Hon'ble Pankaj Mithal, J. Heard learned counsel for the petitioner. 2. Petitioner has filed this petition for a direction to the court concern to decide Civil Suit No. 42 of 1999 (Pyare Lal Vs. Bhagwati Prasad) pending in the court of Civil Judge (Junior Division) Ist Jaunpur within a time bound period. 3. In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any suit without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay, but looking to the fact that the suit is of the year 1999, the writ petition is disposed of with the direction to the court concerned to proceed and decide the above suit in accordance with law expeditiously by curtailing all unnecessary adjournments and fixing short dates in quick succession. 4. In case adjournment becomes inevitable it should be allowed by imposing cost of Rs. 500/- per adjournment. 5. Petition is disposed of with the above observation.