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2025 DAILYLAW 179682 (ALL)

SITARAM MISHRA v. CIVIL JUDGE (JUNIOR DIVISION ) GONDA AND 2 OTHERS

A227/6721/2025 · 2025-11-17

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6721 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner with a prayer to issue necessary direction to the Civil Judge (Junior Division), Gonda, to expedite the disposal of Regular Suit No.945 of 2018, Kaushal Kishore Mishra vs. Sitaram Mishra, in time bound manner, which is pending before the opposite party no.1. 3. Learned counsel for the petitioner submits that the suit was filed in the year 2018 for partition by the respondent no.2, defendant no.2, namely, Dinesh Kumar Mishra, has expired, and his legal representatives have already been brought on record. The defendant no.1, petitioner is around 80 years of age and he is a Senior citizen he has prayed that his suit to be decided on priority basis as per legal guidelines issued from time to time. He also submitted that earlier another petition filed by the petitioner was disposed of vide order dated 16.11.2021 passed by this Court in Misc. Single No.22084 of 2021 where a prayer for issuing direction for expeditious hearing of the case was turned down but the petitioner was granted liberty to move appropriate application before the court concerned for expediting the hearing of the suit. In case, such an application is moved, the court concerned shall pass an appropriate order on the same within reasonable time after considering the stage of the present suit as also the age of the petitioner. Versus Counsel for Petitioner(s) : Viksit Srivastava, Yojana Srivastava Counsel for Respondent(s) : Sitaram Mishra .....Petitioner(s) Civil Judge (Junior Division ) Gonda And 2 Others .....Respondent(s) 4. He has next submitted that in pursuant to order dated 16.11.2021 passed by this Court, the petitioner has filed an application before the court below on 14.12.2021 for expeditious disposal of suit on merits but still then no efforts were made regarding disposal of the suit which required filing of the present petition. 5. Keeping in view the limited prayer made in the present petition, and the facts that suit is pending before the court below since 2018 and no substantial progress appears to be made on disposal of the issue, therefore, it is directed that learned court below shall make endeavour to decide the suit on priority basis keeping in view the old age of the petitioner and period of pendency of the suit and the directions made earlier by this Court as stated above. Learned court below shall make every efforts to decide the suit expeditiously and within reasonable time, without granting adjournment to either side an inefficient ground. 6. The petition is disposed of with the above direction. November 17, 2025 KR A227 No. 6721 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench