Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 349 of 2023

Petitioner :- Ashok Kumar Mishra

Respondent :- Smt. Asha Pathak

Counsel for Petitioner :- Ajay Kumar Singh

Hon'ble Ajit Kumar,J.

Heard Sri Ajay Kumar Singh, learned counsel for the petitioner

and perused the record.

By means of this petition filed under Article 227 of the

Constitution, petitioner wants expeditious disposal of Original

Suit No. 420 of 2011 for cancellation of saledeed pending

before Civil Jude (J.D.)/FTC-I, Chandauli.

Learned counsel for the petitioner submits that though the

defendants have already put in appearance and filed written

statements on 13.2.2015, issues have not been framed till date.

In the circumstances, the present petition stands disposed of

with following directions:-

(a) Since the parties have already exchanged the pleadings in

the suit, the trial court shall frame the issues within 60 days

from the date of presentation of certified copy of this order;

(b) Soon after framing of the issues, the trial court will proceed

to record the evidence of the plaintiff and ensure that plaintiff

concludes his evidence within a period of three months from the

date of production of certified copy of this order and the

defendants cooperate in recording of evidence of plaintiff

within the time prescribed by this Court;

(c) After evidence of plaintiff is recorded and evidence comes

to close, the Court will proceed to record the evidence of the

defendants within the next three months' time and will ensure

that plaintiff cooperates in conclusion of the evidence of the

defendants within the time prescribed by this Court; and

(d) After conclusion and closure of evidence by both the parties

to the suit, the trial court will proceed to conduct final hearing

of the suit and decide the same as expeditiously as possible

preferably, preferably within a period of ten months, however in

the order of other expedited suits, if pending before it.

It is clarified that in the event, this order could not be carried

out within the time frame fixed, for any technical reason, then

for such delay in disposal of the suit and pendency thereof itself

shall ordinarily not be a ground sufficient enough to fasten the

authority concerned with any personal liability of contempt.

Order Date :- 6.2.2023

Deepika

Digitally signed by :-

DEEPIKA SINGH

High Court of Judicature at Allahabad