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2025 DAILYLAW 129245 (ALL)

SMT. SHARFUNNISA AND 7 OTHERS v. SMT. FAHMIDA SULTANA AND 18 OTHERS

SAPL/98/2025 · 2025-05-14

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:28788 Court No. - 5 Case :- SECOND APPEAL No. - 98 of 2025 Appellant :- Smt. Sharfunnisa And 7 Others Respondent :- Smt. Fahmida Sultana And 18 Others Counsel for Appellant :- Piyush Kumar Agarwal,Mridul Prateek Singh Hon'ble Abdul Moin,J. Heard Sri Piyush Kumar Agarwal, learned counsel for the appellants. Instant second appeal has been filed aggrieved against the judgment and decree dated 16.12.2024. By the said order, the learned appellate Court in R.C.A No. 7200139/2000 has set aside the judgment and order dated 29.05.2000 passed by the learned trial Court and remanded back the matter for learned trial Court to hear the matter afresh keeping in view the observations made by the learned appellate Court. Various grounds have been urged by the learned counsel for the appellants for raising a challenge to the same. However, learned counsel for the appellants states that as the suit before the learned trial Court was filed in the year 1986, decided on 29.05.2000 and the learned appellate Court has also vide impugned judgment remanded back the matter to the learned trial Court to decide the matter a fresh as such, it is prayed that some time frame may be fixed for the learned trial Court to decide the matter keeping in view the observations made by the learned appellate Court. Accordingly, keeping in view the aforesaid prayer & considering the fact that the suit pertains to the year 1986 and a period of almost 39 years have lapsed since then as such, the learned trial Court is directed to decide the matter keeping in view the observations made by the learned appellate Court in accordance with law after hearing all the parties concerned within a period of six months from the date a certified copy of the order is placed on record without granting unnecessary adjournments. Order Date :- 14.5.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench