Research › Search › Judgment

Jharkhand High Court · body

2022 DIGILAW 56 (JHR)

Nirbhay Kumar Shahabadi @ Nirbhay Shahabadi v. State of Jharkhand, through the Deputy Commissioner

2022-01-07

RAJESH SHANKAR

body2022
JUDGMENT : The case is taken up through Video Conferencing. 2. The present writ petition has been filed under Article 227 of the Constitution of India for issuance of appropriate direction upon the learned Court below-Sub-ordinate Judge-I, Deoghar to expedite the hearing of Title Declaration Suit No.64/2015 (State of Jharkhand Vs. Dabur India Ltd.) in which as many as 67 dates since institution of the said suit have been fixed, however, till filing of the present writ petition, no document in terms with Order VII Rule 14 CPC has been filed by the plaintiff-State of Jharkhand. 3. The petitioners are the defendant Nos. 2 & 3 respectively in the said suit. The limited grievance of the petitioners raised through the present writ petition is that the plaintiff-State of Jharkhand through the Deputy Commissioner, Deoghar is not sincere enough to pursue the said suit which would be evident from the fact that as many as 67 dates have already been fixed by the learned Trial Court in the said suit, however, till filing of the present writ petition, the documents relied upon by the plaintiff were not filed. 4. A counter affidavit has been filed on behalf of the respondent-State of Jharkhand in which the allegation of the petitioner made against the plaintiff-respondent regarding non-filing of the documents in the said suit in terms with Order VII Rule 14 CPC has not been denied. It has only been stated in the said counter affidavit that during pendency of the said suit, several applications were filed by the parties which were duly disposed of by the learned Court below. 5. Having heard learned counsel for the parties and keeping in view that there has been no effective progress in Title Declaration Suit No. 64/2015 for more than five years, the Trial Court is directed to expedite the hearing of the said suit and to dispose of the same without any undue delay. It is also observed that the parties to the said suit shall fully co-operate the Trial Court in expeditious disposal of the suit and shall not take any unnecessary adjournment in the matter. 6. If any adjournment is sought by the parties, they will seek the same on filing an appropriate application assigning sufficient reason for the same which shall be appropriately considered by the Trial Court. 7. 6. If any adjournment is sought by the parties, they will seek the same on filing an appropriate application assigning sufficient reason for the same which shall be appropriately considered by the Trial Court. 7. The present writ petition is accordingly disposed of with the aforesaid observation and direction.