Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 1242 of 2023

Petitioner :- Jagdeesh

Respondent :- Fatte

Counsel for Petitioner :- Rajesh Dutta Pandey

Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner and perused the record.

By means of this petition filed under Article 227 of the

Constitution, the petitioner, who is plaintiff, wants expeditious

disposal of suit being Suit No.- 352 of 2018 instituted for a decree

of specific performance of contract, pending before the court of

Civil Judge (S.D.) Mathura.

Learned counsel for the petitioner submits that although

satisfaction regarding service of summons have been recorded in

the order sheet on 16th November, 2018 but opposite party has not

put in appearance till date.

In the circumstances, this petition stands disposed of with the

direction that the court below will proceed further for service of

notice through publication in the scheduled newspaper of the

judgeship concerned and for which the petitioner would be

directed to take necessary steps. It is after the publication of notice

in two newspapers that the court will proceed with suit strictly in

accordance with law.

In the event nobody puts in appearance, the court will record

satisfaction of service of summons on the next date and thereafter

the court will proceed to frame issues ex-parte and conclude

proceedings in the next three months' time, however, if the

defendants appear the court will proceed in the matter strictly in

accordance with law.

Order Date :- 6.2.2023

Atmesh

Digitally signed by :-

ATMESH KESARI

High Court of Judicature at Allahabad