ISRARUL HAQ AND 6 OTHERS v. SHARIF AHMAD AND 7 OTHER
A227/734/2025 · 2025-01-22
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10438 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10438 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:10784 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 734 of 2025 Petitioner :- Israrul Haq And 6 Others Respondent :- Sharif Ahmad And 7 Other Counsel for Petitioner :- Prakhar Tandon,Utkarsh Shubham Hon'ble Ajit Kumar,J.
1. Heard learned counsel appearing for petitioners.
2. By means of this petition filed under Article 227 of the Constitution petitioners have prayed for direction to the trial court concerned to decide the SCC Suit No. 93 of 2011 (Israrul Haq and others v. Sharif Ahmad and others) pending before the Judge Small Cause, Kanpur Nagar.
3. It is submitted by learned counsel for the petitioner that after exchange of pleadings between the parties the case is at the stage of recording of evidence of the parties.
4. In the circumstances, the Court considers it appropriate to expedite the proceedings of the aforesaid case and accordingly, following directions are issued: (i). Plaintiff shall be concluding their evidence in all circumstances within a period of two months from the date of production of certified copy of this order and the court shall ensure that defendant cooperates in the conclusion of the evidence of plaintiff; (ii). After plaintiffs' evidence is concluded, the defendant respondent shall conclude their evidence within a further period of two months and plaintiffs shall cooperate in the conclusion of defendants' evidence; and (iii). After evidence of respective parties stands concluded, the court shall proceed to finally hear and decide the suit within a maximum period of two months without granting unnecessary adjournment to either of the parties and if any adjournment is granted for unavoidable circumstances, the reasons must be recorded in the order sheet.
5. However, it is clarified that for any justifiable reasons or
unavoidable circumstances, the suit proceedings are not concluded within the specified period of time as directed herein above, such delay will itself ordinarily not bind the judicial officer personally liable for contempt under the Contempt of Courts Act, 1971.
6. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 22.1.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad