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2025 DAILYLAW 173837 (ALL)

SHRIMATI SAMTA AND 4 OTHERS v. SHRIMATI SHIVPATA

A227/7256/2025 · 2025-12-17

Subhash Vidyarthi

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7256 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shyam Bahadur, the learned counsel for the petitioners. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought the issuance of a direction to the learned Civil Judge (Jr. Div.), Musafirkhana, District Sultanpur to decide Original Suit No. 213/2018, Smt. Samta & Ors. v. Smt. Shivpata, which has been filed by the petitioners for cancellation of the sale deed dated 12.12.2017, expeditiously. 3. Keeping in view the nature of the relief sought and order proposed to be passed, issuance of notice to the respondents is hereby dispensed with. 4. The order sheet reveals that the suit was filed by the petitioners on 09.08.2018. After the written statement was filed issues were framed on 20.12.2018 but the order sheet of the suit shows that is still being fixed for filing of written statement and framing of issues. 5. The order sheet does not reveal that the petitioners or their learned counsel has brought this fact to the notice of the trial court after framing of issues. Issues were framed on 20.12.2018 and on the same day the trial court had decided issues no. 2 & 3 and the matter was fixed for 17.01.2019 for the plaintiffs' evidence but the record reveals that the plaintiffs/petitioners themselves have not adduced any evidence till date. 6. In these circumstances, there is no occasion to issue any direction for Versus Counsel for Petitioner(s) : Shyam Bahadur Counsel for Respondent(s) : Shrimati Samta And 4 Others .....Petitioner(s) Shrimati Shivpata .....Respondent(s) expeditious disposal of the suit on this petition filed by the petitioners when the plaintiffs themselves are at fault in not adducing the evidence itself. 7. Accordingly, the petition is dismissed. December 17, 2025 Pradeep/- A227 No. 7256 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench