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2025 DAILYLAW 144087 (ALL)

PREM KUMARI v. SHANTI DEVI AND 2 OTHERS

A227/3690/2025 · 2025-06-06

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34989 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3690 of 2025 Petitioner :- Prem Kumari Respondent :- Shanti Devi And 2 Others Counsel for Petitioner :- Adarsh Srivastava,Mridula Saxena,Sarvesh Kumar Saxena Hon'ble Manjive Shukla,J. 1. Heard Ms. Mridula Saxena, learned counsel appearing for the petitioner. 2. In view of the order proposed, notice to respondents no. 1 to 3 is hereby dispensed with. 3. The instant petition under Article 227 of the Constitution of India has been filed seeking following reliefs: "i. Issue an order or direction thereby directing to the learned Additional Civil Judge (J.D.), Court No. VI, Bahraich to expedite the hearing of Regular Case No. 568/1994; (Bechai Ram Vs. Shanti Devi and 2 others), filed by the late father of the petitioner for cancellation of sale Deed in which petitioner is plaintiff No.1/1 and owner of the property in dispute, within stipulated period of time, in the interest of justice. ii. Any other suitable order or direction which this Hon'ble Court may deem fit, just and proper under the circumstances of the case may also be passed in favour of petitioner. iii. Allow the petition with cost." 4. Learned counsel appearing for the petitioner has submitted that the petitioner had filed Regular Suit No. 568/1994; (Bechai Ram Vs. Shanti Devi and 2 others) before the learned Civil Judge (J.D.), Court No. VI, Bahraich and the said case is pending since the year 1994. 5. Learned counsel appearing for the petitioner has thus argued that it would be in the fitness of things if this Court may issue a direction to the learned trial court to hear and decide the case in question expeditiously. 6. I have considered the submissions made by learned counsel appearing for the petitioner and I find that the Regular Suit No. 568/1994; (Bechai Ram Vs. Shanti Devi and 2 others) is pending before the learned Civil Judge (J.D.), Court No. VI, Bahraich, since the year 1994. 7. In view of the aforesaid reason, this petition is disposed of with a direction to the learned Civil Judge (J.D.), Court No. VI, Bahraich to hear and decide the Regular Suit No. 568/1994; (Bechai Ram Vs. Shanti Devi and 2 others), expeditiously. Order Date :- 6.6.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench