MAMTA v. SUB DIVISIONAL MAGISTRATE, KADIPUR, SULTANPUR AND OTHERS
A227/2792/2025 · 2025-05-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139424 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139424 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27615 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2792 of 2025 Petitioner :- Mamta Respondent :- Sub Divisional Magistrate, Kadipur, Sultanpur And Others Counsel for Petitioner :- Krishna Mohan Pandey,Rakesh Dwivedi Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioner and learned State counsel. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. The instant petition has been preferred seeking following main relief(s):-
"(i) To direct the opposite party no. 1 i.e. learned Sub Divisional Magistrate, Kadipur, District-Sultanpur to decide the Partition Suit No. T202004680401701 and T202304680406961, (Mamta Devi & others Vs. Ram Ajor & others) filed under Section 116 U.P. Revenue Code, within stipulated period as it may be
directed by this Hon'ble Court in the interest of justice." Taking note of Rule 109(10) of U.P. Revenue Code Rules, 2016 made under the U.P. Revenue Code, 2006, as per which, a suit for partition preferred under Section 116 of the Code of 2006 should preferably be decided within a period of six months, however, in the instant case, the cases, in issue, have yet not been disposed of and on account of pendency of the same, the petitioner, as stated, who is a lady aged about 55 years, is suffering great hardship and mental agony, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the respondent No.1/Sub Divisional Magistrate, Kadipur, District-Sultanpur to consider and decide the Partition Suit Nos. T202004680401701 and T202304680406961 (Mamta Devi & others Vs. Ram Ajor & others) most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either party preferably within a period of six months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of.
Order Date :- 12.5.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench