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2025 DAILYLAW 199709 (ALL)

ASAD ALI AND ANOTHER v. SAEED AHMAD AND ANOTHER

A227/6628/2025 · 2025-11-14

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6628 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ghufran Hussain, 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, Court No.40, Lucknow to decide Regular Suit No.435 of 2021: Asad Ali and another Vs. Mehndi Hasan expeditiously. 4. The aforesaid suit was filed by the petitioners for cancellation of a will. Although, the summons were served on the original defendant late Mehndi Hasan, he did not file any written statement during his life time. Thereafter his heirs (the opposite parties) were substituted and were served with the notice on 24.07.2025 and they have put in appearance on 06.08.2025 but till date they have not even filed written statement to the suit. 5. Expeditious disposal of the suit is necessary to secure the ends of justice. 6. In these circumstances, when the suit is pending since the year 2021 without the written statement having been filed and the plaintiff no.1 has attained the age of 66 years, the petition is disposed of and a direction is issued to learned Civil Judge, Junior Division, Court No.40, Lucknow to decide Regular Suit No.435 of 2021: Asad Ali and another Vs. Mehndi Hasan expeditiously in accordance with law without granting any unnecessary Versus Counsel for Petitioner(s) : Ghufran Hussain Counsel for Respondent(s) : Asad Ali And Another .....Petitioner(s) Saeed Ahmad And Another .....Respondent(s) adjournment to any of the parties and by fixing dates at short intervals. November 14, 2025 Ram. A227 No. 6628 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench