MO. RIYAZ KHAN (IN ADHAR RIYAZ KHAN) v. RAFEEQ KHAN AND 2 OTHERS
A227/5436/2025 · 2025-09-24
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163547 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163547 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5436 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. Sri Sidharth Jain, learned counsel was requested by the Court vide order dated 10.9.2025 to seek instruction as to why the suit which has been filed in the year 2015 has yet not been decided. A copy of the written instructions has been provided for perusal of the Court, which is taken on record, however without saying much suffice to say that in the instructions issued under the signature of the Presiding Officer it has been indicated that all efforts are being made for expeditious disposal, however that does not appear to be correct in light of the extract of the order-sheet which have been brought on record by the petitioner specially at running page 38. This Court is unable to find out as to why the repeated dates are being fixed without due application of mind. In case if any of the parties is misusing the liberty or not co-operating in the trial, it is always open for the Presiding Officer to take recourse as may be available under law but to shirk from its responsibility of not handling the matter appropriately as evident from the extract of the order- sheet cannot be appreciated. Considering the fact that the matter is pending since 2015, it is expected that the Presiding Officer shall show due diligence and decide the matter Versus Counsel for Petitioner(s) : Anil Kumar Tiwari, Amit Kumar Tiwari Counsel for Respondent(s) : Gaurav Mehrotra Mo. Riyaz Khan (In Adhar Riyaz Khan) .....Petitioner(s) Rafeeq Khan And 2 Others .....Respondent(s)
as expeditiously as possible taking recourse to the several provisions as provided under law to handing any sort of situation either where the parties are not co-operating and they are not complying the order passed by the Court. With the aforesaid, the petition is disposed of.
September 24, 2025 kanhaiya A227 No. 5436 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench