SHAKUNTALA SAXENA AND 2 OTHERS v. SMT. CHANDRA DEVI AND 2 OTHERS
A227/6543/2025 · 2025-11-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 178436 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 178436 (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. - 6543 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Amrendra Kumar, the learned counsel for the petitioners and perused the record.
2. Keeping in view the reliefs sought and the order proposed to be passed issuance of notice to the opposite parties is dispensed with.
3. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have sought issuance of a direction to the learned Civil judge, Junior Division, Lakhimpur Kheri to decide Suit No.164 of 2007: Jang Bahadur Saxena and another Vs. Smt. Chandra and others expeditiously.
4. The aforesaid suit was filed by late Jang Bahadur Saxena- predecessor in interest of the petitioners no.1 and 2 and Sri Om Prakash Saxena for cancellation of a sale deed and perpetual injunction. Jang Bahadur Saxena died during pendency of the suit and in his place his widow petitioner no.1, who is presently aged 81 years and his son have been substituted. The petitioner no.3 has also attained the advance age of 74 years meanwhile, whereas at the time of filing of the suit he was merely 56 years of age. The suit is presently at the stage of cross-examination of plaintiffs' witness. Versus Counsel for Petitioner(s) : Amrendra Kumar, Neeraj Kumar Baghel, Ram Ashish, Ram Lakhan Counsel for Respondent(s) :
Shakuntala Saxena And 2 Others .....Petitioner(s) Smt. Chandra Devi And 2 Others .....Respondent(s)
5. Expeditious disposal of suits is necessary to secure the ends of justice and when one of the plaintiffs has already left for heavenly abode, his widow substituted in his place is aged 81 and the other original plaintiff is aged 74 years, it appears necessary to issue a direction for expeditious disposal of the suit.
6. In these circumstances, the petition is allowed and a direction is issued to learned Civil judge, Junior Division, Lakhimpur Kheri to decide Suit No.164 of 2007: Jang Bahadur Saxena and another Vs. Smt. Chandra 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 12, 2025 Ram. A227 No. 6543 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench