HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13320 of 2024 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Supplementary counter affidavit filed today is taken on record. 2. The present petition has been filed for the following relief: "(a) set-aside the impugned order dated 18.05.2023 passed by the Second Civil Judge (J.D.), Kasganj u/0 39 Rule 1 & 2 C.P.C. in O.S. No.74 of 2020 Late Kumari Vs. Ashok Kumar and impugned order dated 30.08.2024 passed by the District Judge, Kasganj in Misc. Civil Appeal No.10 of 2023 Lata Kumari Vs. Ashok Kumar (Contained in Annexure nos.4 and 6 to this petition)." 3. Brief facts of the case are that the plaintiff who is the wife of the deceased filed a suit for cancellation of a gift deed executed by his deceased husband in favour of his brother five days before his death. The said gift deed is under challenged before the trial court. Both the courts below have not granted injunction to the petitioner. 4. I have perused the gift deed and there is no explanation in the gift deed for not providing anything to the plaintiff who was a wife. 5. Without expressing any opinion on the merits of the case, this present petition stands disposed of finally with a direction to the Second Civil Judge (J.D.), Kasganj to consider and decide the aforementioned case of the petitioner, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of Versus Counsel for Petitioner(s) : Adya Prasad Tewari Counsel for Respondent(s) : Arvind Srivastava, Geetam Singh Lata Kumari .....Petitioner(s) Ashok Kumar .....Respondent(s) leading evidence in respect of their case provided that there is no other legal impediment. 6. It has been stated by both the counsel that their clients will co-operate in disposal of the suit and will not seek undue adjournment. 7. Till disposal of the suit, no third party right shall be created by either of the parties. September 23, 2025 S. Singh A227 No. 13320 of 2024 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad