Chief Justice Aravind Kumar and Justice Ashutosh J Shastri  
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Gujarat High Court asks all presiding officers of Anand court since 2004 to explain why suit from 1977 was unresolved

The Bench was intrigued that the trial court had not complied with the High Court's directions issued in November 2004 to decide the matter expeditiously.

Satyendra Wankhade

The Gujarat High Court on Friday directed all presiding officers of a court in Anand district from December 2004 till date to explain why proceedings in a 45-year-old case were not concluded despite express directions from the Court to do so. [Patel Ambalal Kalidas v. Patel Motibhai Kalidas]

A Bench of Chief Justice Aravind Kumar and Justice Ashutosh Shastri was intrigued that the trial court had not complied with the High Court's directions to decide the matter expeditiously, issued way back in November 2004.

"When there is a direction issued by this Court, it is rather intriguing as to why the trial Court has not complied with the said direction. No material is available on record to show extension having been sought and same having been granted," the Court said.

On November 25, 2004, the High Court had disposed of an appeal observing that since the suit was filed in the year 1977, the trial court should give it top priority and decide it before December 31, 2004.

Counsel appearing for the plaintiff before the trial court informed the High Court that its directions were not complied with. The Court thus directed its Registrar to call for an explanation from all the presiding officers of the Court of Principal Senior Civil Judge, Anand since December 2004.

The matter has been listed for further hearing on December 19.

[Read Order]

Patel Ambalal Kalidas vs Patel Motibhai Kalidas.pdf
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