KSHITIJ SHARMA AND ANOTHER v. RIZWAN AND 14 OTHERS
A227/16343/2024 · 2025-01-15
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 113638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113638 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:6206 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 16343 of 2024 Petitioner :- Kshitij Sharma And Another Respondent :- Rizwan And 14 Others Counsel for Petitioner :- Udai Chandani Hon'ble Rohit Ranjan Agarwal,J. Supplementary affidavit filed today is taken on record. This writ petition has been filed with the following prayer:-
"i. To direct the learned Civil Judge, Senior Division, Jaunpur to decide the Misc. Case No.30 of 1986 (Khatoon Vs. Minna) arising out of Original Suit No.167 of 1974 decreed on 24.08.1981 within a stipulated period in a time bound manner." Earlier, the petitioner had approached this Court through Matters under Article 227 No. 6073 of 2024 and on 15.05.2024 following
order was passed:-
"1. Heard learned counsel for the petitioners and perused the record.
2. By means of this petition filed under article 227 of the Constitution, the petitioner wants expeditious disposal of pending case being Misc. Case No. 30 of 1986 (Khatoon v. Minna) before Civil Judge (S.D.), Jaunpur.
3. Counsel for the petitioner submitted that suit is of the year 1986 and the misc. application is pending in the said suit.
4. In view of the above, this petition stands disposed of with a direction to the trial court concerned to dispose of the pending case as expeditiously as possible preferably within a period of three months from the date of presentation of certified copy of this order without granting unnecessary adjournments to either of the parties at the same time giving full opportunity of hearing to the appearing parties." This is the second writ petition by petitioners with same prayer. Unfortunately, the counsel in both the writ petitions is also the same. The second writ petition is not maintainable for the same cause of action. This Court had already directed the court concerned to expedite
the matter and prayer made in the instant writ petition is also seeking direction for expeditious disposal of Misc. Case No. 30 of
1986. The conduct of counsel is not fair. He should not have advised his client for moving successive writ petition when this Court on 15.05.2024 had already directed the court below to expedite the matter. The writ petition is dismissed with a cost of Rs.25,000/-.
Order Date :- 15.1.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad