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2014 DIGILAW 1322 (ALL)

Hari v. Chhunni Lal (Since Deceased)

2014-04-24

PANKAJ MITHAL

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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 Appeal No. 355 of 2008 (Chunni Lal and others Vs. Ramdwar and others) pending in the court of Additional District Judge, Court No. 7, Azamgarh 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 appeal 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 appeal is pending since 2008, the writ petition is disposed of with the direction to the court concerned to proceed and decide the above appeal 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.