Satish Chandra Alias Bachcha vs Rajendra Prasad And Others

Court No. - 18

Case :- MATTERS UNDER ARTICLE 227 No. - 7092 of 2017 Petitioner :- Satish Chandra Alias Bachcha Respondent :- Rajendra Prasad And 2 Others Counsel for Petitioner :- Vinod Kumar Srivastava,Manoj Kumar Srivastava

Hon'ble Mahesh Chandra Tripathi,J.

Heard learned counsel for the applicant.

In view of the order, which is proposed to be passed today, notices need not go to the private respondent.

The applicant has approached this Court for issuing direction to the Additional District Judge, Court No.2, Chitrakoot to decide the restoration application No.13/70/2012 filed by the petitioner in Civil Appeal No.33 of 2010-11 (Satish Chandra @ Bachcha vs. Rajendra Prasad and others) within stipulated time.

In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any proceedings without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay.

Considering the above, this petition stands disposed of with the direction upon the Court concerned to consider and decide the restoration application No.13/70/2012 filed by the petitioner in Civil Appeal No.33 of 2010-11 (Satish Chandra @ Bachcha vs. Rajendra Prasad and others), in accordance with law, as expeditiously as possible and preferably within three months from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost.

Order Date :- 7.11.2017 RKP