VIDYA SAGAR YADAV v. SUB DIVISIONAL MAGISTRATE, TEHSIL KUNDA, PRATAPGARH AND AND ANOTHER
A227/4459/2025 · 2025-07-29
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153546 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153546 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:43833 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4459 of 2025 Petitioner :- Vidya Sagar Yadav Respondent :- Sub Divisional Magistrate, Tehsil Kunda, Pratapgarh And And Another Counsel for Petitioner :- Rakesh Kumar Yadav,Hema Singh Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel for the State respondent.
2. In view of the order proposed to be passed, notice to private respondent is dispensed with.
3. Instant petition has been filed by the petitioner praying for direction to Sub Divisional Magistrate, Tehsil Kunda, Pratapgarh to decide the pending partition Suit of the petitioner bearing No. 04949 of 2018 (Vidya Sagar Vs. Shiv Sagar and others), expeditiously, which is pending before the learned Sub- Divisional Magistrate, Tehsil Kunda, Pratapgarh, since 2018, within a time frame fixed by the Court, in the interest of jsutice
4. Learned counsel for the petitioner submits that grievance of the petitioner would be sufficiently met in case respondent no. 1 considers and decides the aforesaid case in the time bound manner.
5. Learned Standing Counsel has no objection to the aforesaid prayer.
6. Considering the facts and circumstances of the case, without entering into the merits, respondent no.1 - Sub Divisional Magistrate, Tehsil Kunda, Pratapgarh is desired to make all endeavor to decide pending partition Suit of the petitioner bearing No. 04949 of 2018 (Vidya Sagar Vs. Shiv Sagar and others),, expeditiously, say within a period of six months from the date of production of certified copy of this order, after affording opportunity of hearing to the parties concerned, in accordance with law, if there is no legal impediment.
7. It is further directed that the parties to the case shall cooperate in expeditious disposal of the case and shall not seek any unnecessary adjournment, neither any such adjournment
shall be granted by the Court concerned, except in exceptional circumstances. Counsel for the petitioner undertakes that he shall cooperate in expeditious disposal of the case, failing which the benefit of this order shall not be available to the petitioner.
8. With above observations/directions, the writ petition stands
disposed of. . (Alok Mathur, J.)
Order Date :- 29.7.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench