SHIKHAR KUMAR PANDEY v. SMT. MALATI DEVI (SINCE DECEASED) AND 6 OTHERS
A227/1219/2025 · 2025-02-16
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 14998 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14998 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:22360 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1219 of 2025 Petitioner :- Shikhar Kumar Pandey Respondent :- Smt. Malati Devi (Since Deceased) And 6 Others Counsel for Petitioner :- Ritesh Singh,Suresh Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This petition under Article 227 of Constitution has been filed seeking a direction upon court below to expedite the proceedings of Original Suit No. 768 of 1989.
2. The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no such direction can be issued as it creates a class amongst the litigants but looking to the facts of the case that more than 36 years have elapsed and court below till date has not proceeded to decide the said suit despite the fact that suit is at the stage of final hearing, in view of said fact, no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents. The trial court is required to expedite the proceedings of Original Suit No. 768 of 1989 (Smt. Malati Devi vs. Shishir Kumar Pandey) and decide the same, expeditiously, preferably, within a period of six months from the date of production of certified copy of this order, strictly in accordance with law on day to day basis without granting any adjournment to either of the parties.
3. With the aforesaid directions, the petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad