BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 10.04.2006 this Court noticed the facts as well as the circumstances surrounding this matter and found that the Appellate Court by its order dated 27.10.2005 directed both the parties to maintain status quo and at the same time expected from the trial court to try the suit expeditiously and to decide the same within six months. It was noticed that after passing of the said order dated 27.10.2005 by the Appellate Court, the Presiding Officer of the trial court being on leave on 19.12.2005 an order sheet was drawn adjourning the case for framing of issues to the date of 24.04.2006 and fixing of such date was practically nullifying the very directions of the Appellate Court for disposal of the suit within six months from 27.10.2005.

(2.) In these circumstances, this Court while issuing notice directed the Presiding Officer of the trial court to inform as to when the Appellate Court's order was received and in what circumstances such a date was fixed? This Court required thus,-

(3.) In the interest of justice, it was also directed that the directions of the Appellate Court for deciding the suit within six months from 27.10.2005 would stand modified substituting this period as "seven months" instead of "six months". It was also required of the trial court to carry out the directions and to explain if the suit was not decided within seven months from 27.10.2005.