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2025 DAILYLAW 173485 (ALL)

GANGARAM MAURYA (NOW DEAD) THRU. HIS LEGAL HEIR AMIT KUMAR MAURYA v. SMT. KAMLA DEVI AND 2 OTHERS

A227/6446/2025 · 2025-11-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6446 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Mr. Sayyed Farooq Ahmad, the learned counsel for the petitioner and perused the records. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Civil Judge, Senior Division, Haveli, Gonda to decide Regular Suit No.279 of 2013: Gangaram Maurya Vs. Smt. Kamladevi and others expeditiously. 3. The aforesaid suit was filed by Gangaram Maurya for cancellation of sale deed in the year 2013. Gangaram Maurya died during pendency of the suit and his legal heirs have been substituted in his place against four defendants. Three defendants filed written statement but one defendant did not participate in the proceedings and the suit was ordered to be proceeded ex-parte against the defendant no.2 by means of an order dated 18.11.2014. Upon an application filed by the defendant no.2 the order to proceed exparte against him was recalled by means of an order dated 24.11.2024 and he is yet to file written statement. 4. In these circumstances keeping in view the fact that the suit is pending since the year 2013 and the original plaintiff has died in the month of February, 2025 and even the pleadings in the suit Versus Counsel for Petitioner(s) : Sayyed Farooq Ahmad, Afzal Ahmad, Vinod Kumar Yadav Counsel for Respondent(s) : Gangaram Maurya (Now Dead) Thru. His Legal Heir Amit Kumar Maurya .....Petitioner(s) Smt. Kamla Devi And 2 Others .....Respondent(s) having been completed, the petition deserves to be allowed. 5. Accordingly, the petition is allowed and a direction is issued to learned Civil Judge, Senior Division, Haveli, Gonda to decide Regular Suit No.279 of 2013: Gangaram Maurya Vs. Smt. Kamladevi and others expeditiously in accordance with law without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. November 11, 2025 Ram. A227 No. 6446 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench