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2025 DAILYLAW 177249 (ALL)

SALMA KHATOON AND 3 OTHERS v. ATEEQEY AND 3 OTHERS

A227/6699/2025 · 2025-11-17

Manish Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6699 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. Heard learned counsel for the petitioners. Present application has been preferred by the petitioners with following main prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to directthe learned Judge Small Causes Court, Lucknow to decide the JSCC Suit No. 173 of 2005 (Masoom Ali Versus Atteqey and others) pending before him as early as possible, in the interest of justice" Learned counsel for the applicant has submitted that a suit for ejectment and arrears of rent has been preferred by late Masoom Ali i.e. father of the petitioners in the year 2005. In the year 2021, the case was listed for hearing but till date, no final decision has been taken though more than 20 years have been passed. On the other hand, learned Standing Counsel is unable to dispute the aforesaid submission raised by learned counsel for the petitioners that the present case is pending since the year 2005. After hearing the learned counsel for parties and going through the record of the case, such a delay in dispensation of justice is nothing but amounts to depriving the person from getting justice for such a long time is not acceptable and such extraordinary circumstances that the matter is pending from last about more than 20 years, the Judge Small Causes Court, Lucknow is directed to decide the J.S.C.C. Suit No. 173 of 2005 (Masoom Ali Versus Atteqey and others) within a period of eight months from the date a certified copy of this order is produced before him after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties, if there is no other legal impediment. With aforesaid directions, petition is allowed. November 17, 2025 Ashish Versus Counsel for Petitioner(s) : Sushila Pandey, Anju Singh Counsel for Respondent(s) : (Manish Kumar,J.) Salma Khatoon And 3 Others .....Petitioner(s) Ateeqey And 3 Others .....Respondent(s) Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench