DHARMPAL SAINI (SINCE DECEASED) AND 8 OTHERS v. VIJAY DUBEY
A227/2172/2025 · 2025-03-04
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25446 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25446 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31210 Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 2172 of 2025 Petitioner :- Dharmpal Saini (Since Deceased) And 8 Others Respondent :- Vijay Dubey Counsel for Petitioner :- Vishnu Prakash Srivastava Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the petitioner and perused the record. 2. By means of this petition filed under Article 227 of the Constitution, petitioner wants expeditious disposal of S.C.C. No. 20 of 2017 titled as Dharmpal Saini & others v. Vijay Dubey pending before Additional District & Session Judge , Court No.15, Ghaziabad. 3. Learned counsel for the petitioner submits that pleadings have been exchanged in the case and issues have also been framed and the suit is continuing at the stage of evidence only. 4. In the given facts and circumstances of the case, provided of course there is no technical difficulty in disposal of the suit and there is no stay order passed by any court of law operating in respect of the suit proceedings, this Court considers it appropriate to direct for disposal of the suit in following manner: A) The plaintiff shall conclude his evidence within a period of two months and the defendants shall cooperate in recording of evidence of plaintiff within the time prescribed by this Court without seeking any unnecessary adjournment and every such adjournment should be visited with the cost, as may be assessed reasonable and appropriate by the court concerned. B) After evidence of plaintiff is concluded, the Court will proceed to record evidence of the defendants and defendants shall conclude their evidence within the next two
months' time and plaintiff shall cooperate in conclusion of the evidence of the defendants within the time prescribed by this Court without seeking any unnecessary adjournment and every such adjournment should be visited with the cost, as may be assessed reasonable and appropriate by the court concerned; and C) Soon after the conclusion of evidence by the respective parties to the suit, the trial court shall proceed to decide the suit as expeditiously as possible, however in the order of other expedited suits, if pending before it. 5.
5. It is, however, clarified that in the event trial court is not able to decide the suit for any technical reason, such delay in disposal of the suit and pendency thereof shall ordinarily not be a ground sufficient enough to fasten the officer concerned with any personal liability of contempt. 6. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 5.3.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad