Neutral Citation No. - 2025:AHC:12030 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14905 of 2024 Petitioner :- Narvdeshwar Prasad Chaubey Respondent :- Kameshwar Prasad Chaubey And 6 Others Counsel for Petitioner :- Vishesh Kumar Singh,Yogesh Singh Hon'ble Saurabh Srivastava,J. 1. Heard Sri Yogesh Singh, learned counsel for the petitioner. 2. The instant petition has been preferred on behalf of the petitioner with following relief:- "(a) Issue an order or direction, directing the Learned Civil Judge Senior Division, Court No.2, Varanasi to decide the Misc. Application No.96 of 2024, dated 22.03.2024 (Annexure no.1) under section 340 Cr.P.C. pending in Succession Case No.176 of 2020 (Rohit Kumar Chaubey Vs. Kameshwar Prasad Chaubey), expeditiously within specified period as may be fixed by this Hon'ble Court, failing which the petitioner shall suffer irreparable loss and injury, so that justice may be done." 3. It is the case of petitioner that proceeding regarding seeking succession has already been disposed of, wherein the petitioner has been arrayed as a party, but he never put his appearance and the entire proceeding has been carried out and culminated into disposal of the succession in favour of plaintiff by way of producing imposter of the petitioner and when this fact was revealed, a specific application under section 340 Cr.P.C. has been preferred by the petitioner along with recall application dated 22.03.2024. Over the application under section 340 Cr.P.C., notices have been served upon respondents, but no objection has been preferred till today and the same is apparent from the order-sheet dated 28.10.2024, which is appended along with instant petition as Annexure No.2 available at page-27. 4. By bare perusal of the order-sheet, it is crystal clear that in spite of receiving information for filing objection in the proceeding initiated at the behest of petitioner under section 340 Cr.P.C., none appeared at the behest of respondents till today. 5. Be that as it may, if there is no legal impediment, learned court of Civil Judge Senior Division, Court No.2, Varanasi/concerned court may proceed and decide the Misc. Application No.96 of 2024 (Narvdeshwar Prasad Chaubey Vs. Kameshwar Prasad Chaubey and Others) as expeditiously as possible, preferably within a period of six months from the date of production of certified copy of this order. 6. However, it is made clear that the above-mentioned direction be complied with by ensuring principle of ultra altum patam without extending any unnecessary adjournment to either of the parties, if the same is unavoidable. 7. Hence, this petition stands disposed of accordingly. Order Date :- 22.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad