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2025 DAILYLAW 155642 (ALL)

SMT. AYUSHI AND ANOTHER v. CIVIL JUDGE (J.D.), HAWELI, LKO. AND 2 OTHERS

/4660/2025 · 2025-08-05

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45221 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4660 of 2025 Petitioner :- Smt. Ayushi And Another Respondent :- Civil Judge (J.D.), Haweli, Lko. And 2 Others Counsel for Petitioner :- Praveen Kumar Yadav,Ashish Sharma,Saquib Zia Khan Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. The instant petition has been preferred under Article 227 of the Constitution of India with the following relief:- "I. Issue an order or direction, directing the Learned Civil Judge (J.D.) Hawali, Lucnkow i.e. Opposite Party No.1 to decide the Suit for Declaration of the petitioners bearing Civil Suit No.2074 of 2024 (Smt. Ayushi & Anr. Vs. Emaar MGF Land Limited & Ors.) before the Learned Civil Judge (J.D.) Hawali, Lucnkow expeditiously, within such reasonable time period which this Hon'ble Court may deem fit." The submission of the learned counsel for the petitioners is that they had preferred a suit for declaration on 12.08.2024. The defendants of the suit had put in appearance, however, they have not filed their written statement till date and in the aforesaid circumstances, the proceedings be expedited. Having considered the aforesaid submissions as well as from the perusal of the material on record including the order-sheets, which have been brought on record as Annexure No.1, this Court does not find that there is any laches which may persuade this Court to entertain the aforesaid petition and pass an expedite order relating to a suit filed on 12.08.2024. However, it will be open for the petitioners to move an application before the Court concerned for expedition which needless to say shall be considered and decided by the Court concerned on its own merits. With the aforesaid liberty, the petition is disposed of. Order Date :- 5.8.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench