SHAMIM AHMAD v. CIVIL JUDGE (S.D.) TEHSIL KUNDA PRATAPGARH AND ANOTHER
A227/4963/2025 · 2025-08-22
Manish Kumar
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 159145 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159145 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49376 Court No. - 17
Case :- MATTERS UNDER ARTICLE 227 No. - 4963 of 2025
Petitioner :- Shamim Ahmad Respondent :- Civil Judge (S.D.) Tehsil Kunda Pratapgarh And Another Counsel for Petitioner :- Govind Kumar Pandey
Hon'ble Manish Kumar,J. Heard. This petition has been filed by the petitioner with the following main prayer :
"Direct the Opposite Party No.1 to decide the Original Suit No. 78/2020 titled Shamim Ahmad vs. Om Prakash pending before the Court of Civil Judge (SD), Kunda, District Pratapgarh since 04.12.2020, expeditiously within stipulated time as prescribed by this Hon'ble High Court, in the interest of justice."
Learned counsel for the petitioner has submitted that a suit for specific performance has been preferred by the petitioner, which is pending since 14.12.2020, and therefore a direction may be issued to the court concerned to decide the same within such time as this Court may deem fit and proper. After hearing learned counsel for the petitioner and perusing the
order sheets since 04.01.2021 till 22.05.2025 filed along with the paper book, it is found that on eleven dates, the lawyers were abstaining from work. Notice was issued on 12.04.2022 granting time to the petitioner/ plaintiff to take steps and the case was fixed for 24.05.2022, but the steps were not taken by the petitioner/ plaintiff and further time was again granted. Thereafter, on 21.09.2022, summons were issued. Subsequent to 21.09.2022, on three dates, the lawyers were abstaining from work and only general dates were given, which are included in the eleven abstention dates mentioned above. Thereafter, on two dates, i.e. 22.01.2025 and 01.04.2025, the lawyers were not present to press the case. In view of the aforesaid, it is not a fit case to issue any direction to the
court concerned to decide the matter expeditiously or within a time frame, as the delay in deciding the matter could not be attributable to the court concerned. The present writ petition, being devoid of merit, is dismissed.
Order Date :- 22.8.2025 Mahesh A227 No. 4963 of 2025 2 Digitally signed by :- MAHESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench