Court No. - 36

Case :- MATTERS UNDER ARTICLE 227 No. - 4467 of 2018

Petitioner :- Jeet Lal And 3 Others

Respondent :- Bhagauti (Dead) And 14 Others

Counsel for Petitioner :- Vikas Srivastava,Vijaya Srivastav

Hon'ble Mrs. Sunita Agarwal,J.

Prayer made in the present petition is to expedite the proceeding of

original suit no.1857 of 1998 (Jeet Lal & others Vs. Bhagauti

(dead) & others) within stipulated period.

Perused the order sheet, a perusal thereof indicates that the suit

has proceeded exparte for a long time and the said order was

recalled some where in the year 2014. For a period of more than

four years, the defendant have not file written statement till date as

is reflected from the order sheet.

Learned counsel for the petitioners upon instruction submits that

the defendants has yet not been filed written statement.

This Court is of the considered view that the proceeding of the suit

has been prolonged for the act of the defendant who is not

contesting the matter with due diligence.

In view thereof, without expressing any opinion on the merits of the

claim of the petitioner, the present petition is being disposed of with

the direction to the the Court below namely Additional Civil Judge (J.D.)

Court no.12, Allahabad to proceed with the matter expeditiously and make

an endeavour to decide the Original suit no.1857 of 1998 (Jeet Lal &

others Vs. Bhagauti (dead) & others), expeditiously, preferably

within a period of eight months from the date of submission of

certified copy of this order after giving due opportunity of hearing to

all concerned.

It goes without saying that no unnecessary adjournment would be

granted to the defendant and in case of any such adjournment,

appropriate cost shall be imposed by the court below.

Order Date :- 11.7.2018

Himanshu