Court No. - 4 Case :- WRIT - C No. - 39918 of 2010 Petitioner :- Sheshmani Nishad Respondent :- Sangam Lal And Another Petitioner Counsel :- Prem Shankar Mishra Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
The sole relief claimed in this petition is to issue a mandamus to
command the Additional Civil Judge (Junior Division), Allahabad to
decide the O.S. No. 455 of 2003 within a stipulated period to be fixed
by this Court.
It is very well settled that diary maintained by the subordinate court is
not to be lightly interfered with and mandamus to decide the
proceedings of the suit before a subordinate court is not normally to
be issued unless it is demonstrated that there has been a total failure
on the part of the court below to have undertaken the proceedings.
From a perusal of the order sheet filed as anexure3 to the writ
petition, it appears that the court below is proceeding with the case in
accordance with procedure prescribed by the Code hence
mandamus as claimed is not liable to be issued.
The petition stands dismissed.
Order Date :- 13.7.2010
nd