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Judgment
Heard learned counsel for the petitioner.
This application under Article 227 of the Constitution of India has been filed by the petitioner for directing the learned Additional District Judge-VI, Buxar to dispose of expeditiously the application filed by the petitioner under Order 39, Rule 1 and Section 151 of the Code of Civil Procedure (for short 'CPC') in Title Appeal No. 15 of 2013.
Learned counsel for the petitioner submitted that though the application under Order 39 Rule 1 and Section 151 of the CPC has been filed on 01.09.2018, the court below has not taken up the matter on any date and the same is being kept pending for reasons unknown.
There is nothing on record to suggest that after filing the application under Order 39, Rule 1 and Section 151 of the CPC, the petitioner ever pressed his application before the court below. Learned counsel for the petitioner has produced before the Court a xerox copy of the certified copy of the order-sheet of Title Appeal No. 15 of 2013. From perusal of the same also, it does not appear that the application filed on 01.09.2018 was ever pressed before the court below.
In absence of any material to show that the petitioner has even pressed his application before the court below, this Court cannot presume that the court below is sitting tight over the matter. Accordingly, I am not inclined to issue any direction to the court below in exercise of supervisory jurisdiction under Article 227 of the Constitution of India.
The application lacks merit. It is dismissed.