State Of Jharkhand Through The Deputy Commissioner, Deoghar vs Jhakshi Devi

Sanjay Kumar Dwivedi, J

I.A. No.1237 of 2025 has been filed for deleting the name of the petitioner nos.2 and 3.

The learned counsel for the petitioners submits that inadvertently the petitioner nos.2 and 3 have been made party, however, they are not party respondents in the trial court.

The prayer made in the petition for deleting the name of petitioner nos.2 and 3 is allowed and the instant I.A stands disposed of.

Learned counsel for the petitioners will delete the name of petitioner nos.2 and 3 in course of the day.

This petition has been filed under Article 227 of the Constitution of India for directing the learned Civil Judge, Senior Division-I, Deoghar to decide the Civil Misc. Case No.56 of 2024 filed under Order IX Rule 9 CPC read with Sections 141 and 151 CPC for restoration of Misc. Case No.16 of 2007 filed under Order IX Rule 13 CPC which has been filed for setting aside the ex-parte judgment and decree passed in Title Suit No.58 of 2005.

From the record it not transpires that how the learned court is sitting tight over the matter and it is for the parties to pursue the matter diligently for its early disposal.

A reference may be made to the case of “Bar Association, Allahabad Vs. State of Uttar Pradesh and Others” reported in (2024) 6 SCC 267 wherein at para 47.3 of the decision of the Constitution Bench it has been held that Constitutional Courts in the ordinary course should refrain from fixing a time bound schedule for the disposal of the cases pending before any other courts and that can be only in exceptional circumstances and it is for the concerned courts to prioritize the cases for early disposal.

As such, no positive order can be passed in the present petition.

This petition is disposed of with liberty to the petitioners to pursue their case diligently for its early disposal.

Pending petition if any also stands disposed of accordingly.