Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 7931 of 2021

Petitioner :- Smt.Karunesh Kumari

Respondent :- Surendra Narayan Mishra

Counsel for Petitioner :- Ajay Kumar Tiwari

Hon'ble Vipin Chandra Dixit,J.

Heard Sri Ajay Kumar Tiwari, learned counsel for the petitioner

and perused the record.

Present petition under Article 227 of the Constitution of India

has been filed by the petitioner with the prayer to direct the

Civil Judge (Junior Division) Etawah to decide the Misc. Case

No. 52 of 2015 (Surendra Narayan Mishra vs. Smt. Karunesh

Kumari & others) within stipulated period of time.

It is submitted by the learned counsel for petitioner that the

petitioner has filed recall application under Order 9 rule 13 read

with Section 151 C.P.C. for recalling the order dated

24.12.1994. It is submitted that the recall application dated

17/18.08.2015 was time barred, hence, application under

Section 5 of the Limitation Act has also been filed. The case

was registered as Misc. Case No. 52 of 2015. It is further

submitted that the Misc. Case No. 52 of 2015 (Surendra

Narayan Mishra vs. Smt. Karunesh Kumari) could not be

proceed and is pending for disposal since 2015 and on account

of delaying tactics adopted by the respondents, it could not be

decided till date and only prayer is to direct the Court

concerned for expeditious disposal of the same.

Considering the submissions of learned counsel for the

petitioner and without going into merit of the case, the Civil

Judge (Junior Division) Etawah is directed to decide the

aforesaid case expeditiously and if possible, within a period of

one year from the date of production of certified copy of this

order without granting any unnecessary adjournment to either

of the parties, unless there is any legal impediment.

With the aforesaid direction, the instant petition is finally

disposed of.

Order Date :- 5.1.2022

sailesh