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2014 DIGILAW 1321 (ALL)

Shyam Bihari Pandey v. Mangal Singh

2014-04-24

PANKAJ MITHAL

body2014
JUDGMENT Hon'ble Pankaj Mithal, J. Heard learned counsel for the petitioner. 2. Respondent no. 1 is said to have executed an agreement to sale some time in the year 1996 in favour of the petitioner. He instituted suit no. 198 of 1987 for cancellation of the aforesaid registered agreement to sale. The suit was initially decreed ex-parte but it is said that it has now been set aside. 3. The petitioner has filed Original Suit No. 252 of 2010 for specific performance of the registered agreement to sale dated 13.6.1986. 4. The petitioner through this petition wants that the aforesaid suit of the year 2010 be decided expeditiously. 5. I am afraid that in view of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB) no positive direction for its time bound disposal is possible in exercise of writ jurisdiction. The aforesaid suit appears to be highly belated. The petitioner may get the aforesaid suit connected with the earlier suit no. 198 of 1987. 6. In view of the above, the petition is dismissed with the above observation.