AI Structured Summary
Not yet generated for this judgment
Judgment
In D.B. Civil Misc. Application No.224/2017:
For the reasons mentioned in the application, 76 days
delay in filing the appeal is condoned. The application is allowed.
In D.B. Civil Special Appeal(W) No.435/2017:
The appellants were the private respondents in S.B.
Civil Writ Petition No.2531/2016.
The private respondents herein were the petitioners.
Their grievance was to Civil Suit No.84/2015 seeking declaration
and permanent injunction against the appellants not being decided
expeditiously notwithstanding the appellants not appearing in the
suit.
The prayer made in the writ petition was to direct the
Sub Divisional Officer, Jamwaramgarh, District Jaipur to
expeditiously decide the suit.
When the writ petition came up for hearing on October
19, 2016, it was informed to the learned Single Judge that the suit
had already been transferred by an order passed by the Collector
to the A.C.M.-cum-Executive Magistrate, Fast Track, Amer, District
Jaipur. Thus, the direction issued by the learned Single Judge vide
order dated October 19, 2016 is to the said officer to expeditiously
decide the suit within four months.
The appellants filed S.B. Civil Misc. Application
No.459/2016 before the learned Single Judge pointing out that the
direction issued to the A.C.M.-cum-Executive Magistrate, Fast
Track, Amer, District Jaipur was incorrect because the suit was
filed in the office of the Sub Divisional Officer, Jamwaramgarh,
District Jaipur. Dismissing the application vide impugned order
dated January 25, 2017 the learned Single Judge has held that the
direction was rightly issued on account of the Collector having
transferred the suit.
The appellants have not challenged the order passed by
the Collector transferring the suit.
The appellants cannot have a grievance to the direction
issued by the learned Single Judge for the suit to be decided
expeditiously. It is the right of every litigant to have a suit decided
expeditiously.
Not having challenged the order by the Collector
transferring the suit, the appellants cannot make a grievance to
the suit being transferred.
The writ-appeal is dismissed.
No costs.