ARVIND KUMAR MISHRA AND ANOTHER v. RAM PHER AND ANOTHER
A227/6996/2025 · 2025-12-03
Subhash Vidyarthi
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 179421 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 179421 (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. - 6996 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Rajesh Kumar, learned counsel for the petitioners.
2. By means of the present petition filed under Article 227 of the Constitution of India, the petitioners have sought issuance of a direction to the Civil Judge, Junior Division, Court No.35, Sultanpur to decide the Original Suit No.1370 of 2016 (Sheela Devi Vs. Rampher), 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. Learned counsel for the petitioner submits that the aforesaid suit has been filed by the petitioners along with their mother (since deceased) for perpetual injunction. The defendants had put in appearance in the suit through counsel on 26.07.2022 but till today, they have not filed any written statement. Meanwhile, plaintiff no.1, Smt. Sheela Devi, mother of the petitioners, has passed away.
5. Keeping in view the facts that the suit was filed in the year, 2016, the defendants have put in appearance in the year 2022 and have not filed any written statement and the suit is pending for more than five years. Meanwhile, mother of the petitioners who is the co-plaintiff in the suit, has passed away, the present petition stands disposed of with the direction to the Civil Judge, Junior Division, Court No.35, Sultanpur to decide the Original Suit No.1370 of 2016 (Sheela Devi Vs. Rampher) expeditiously, in accordance with law, without giving any unnecessary Versus Counsel for Petitioner(s) : Rajesh Kumar, Kajal Soni Counsel for Respondent(s) :
Arvind Kumar Mishra And Another .....Petitioner(s) Ram Pher And Another .....Respondent(s)
adjournment to either of the parties. December 3, 2025 V. Sinha A227 No. 6996 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench