SMT. GAYATRI DEVI v. CIVIL JUDGE SENIOR DIVISION COURT NO. 15 DISTT. SULTANPUR AND 38 OTHERS
A227/6668/2025 · 2025-11-15
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196502 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196502 (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. - 6668 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Santosh Kumar Yadav, the learned counsel for the petitioner.
2. At the outset the learned counsel for the petitioner states that he has erroneously impleaded the Civil Judge (Sr. Div.), Court No. 15, District Sultanpur as an opposite party to the petition and upon his oral request he is permitted to strike out the name of the court from the array of the opposite parties.
3. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (Sr. Div.), Court No. 15, District Sultanpur to decide application under Order 39, Rule 1 & 2 of CPC which is pending since 27.11.2023 in Regular Suit No. 1137/2023, Smt. Gayatri Devi v. Smt. Kanchan & Ors, expeditiously.
4. Keeping in view the nature of relief sought and the order proposed to be passed, issuance of notice to the opposite parties is dispensed with.
5. The plaintiff had filed the aforesaid suit on 17.11.2023. The trial court issued summons/ notices to the 38 defendants. On 02.11.2024, it is endorsed on the order sheet that 29 notices sent through registered post were received unserved and 9 notices had not been received back. It appears that the plaintiff had not taken any steps for effecting service of summons/notices on the defendants. Versus Counsel for Petitioner(s) : Santosh Kumar Yadav Counsel for Respondent(s) :
Smt. Gayatri Devi .....Petitioner(s) Civil Judge Senior Division Court No. 15 Distt. Sultanpur And 38 Others .....Respondent(s)
6. In these circumstances, no direction can be issued to the trial court for expeditious disposal of the suit at this stage.
7. Accordingly, the petition is disposed of while leaving it open for the petitioner to move an appropriate application before the trial court which shall pass suitable orders thereon. November 15, 2025 Pradeep/- A227 No. 6668 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench