ASHA DEVI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE LKO. AND 5 OTHERS
A227/6626/2025 · 2025-11-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 199671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 199671 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6626 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Awanish Kumar Bhatt, the learned counsel for the petitioner, Sri Dhiraj Ojha, the learned Standing Counsel appearing on behalf of the State and perused the records. 2. The learned Standing Counsel has raised a preliminary objection that the State of U.P. has wrongly been impleaded in this petition as an opposite party, whereas the petition arises out of civil suit in which the State is not a party. 3. The learned counsel for the petitioner fairly conceded that the State of U.P. has been mistakenly impleaded and he seeks oral permission to delete the State of U.P. from the array of opposite parties which permission is granted. The learned counsel for the petitioner is directed to strike out the State of U.P. from the array of opposite parties forthwith. 4. 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, Senior Division, Unnao to decide the Regular Suit No.398 of 2022: Deep Narain Singh and others Vs. Smt. Asha Devi expeditiously. 5. The aforesaid suit was filed for the relief of declaration and perpetual injunction by the opposite parties against the petitioner. 6. The learned counsel for the petitioner has submitted that no order of temporary injunction has been passed in the suit against the petitioner. The pleadings have been completed and issues have been framed and recording of evidence is yet to commence. 7. In these circumstances, when the petitioner is the defendant in the suit, neither there is any order of temporary injunction operating against her nor Versus Counsel for Petitioner(s) : Ashish Chandra Asthana, Awanish Kumar Bhatt Counsel for Respondent(s) : C.S.C. Asha Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue Lko. And 5 Others .....Respondent(s)
has she filed any counter claim any delay in disposal of the suit is not causing any serious prejudice to the petitioner. 8. It is a matter of common knowledge that all the courts are overburdened with the work and there is huge pendency of old cases in the courts. 9.
In these circumstances, there is no occasion for this court to issue any direction to the learned trial court for expeditious disposal of the suit filed by the opposite parties in the year 2022. 10. Accordingly, the petition is dismissed at this stage. November 14, 2025 Ram. A227 No. 6626 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench