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2025 DAILYLAW 199797 (ALL)

ADITYA KUMAR MAURIYA AND 2 OTHERS v. SHAMBHU DEVI MAURIYA (DIED) SUBSTITUTED NAME THRU. WILL AKASH SAINI

A227/6693/2025 · 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. - 6693 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard learned counsel for the petitioners and perused the record. Learned counsel for the petitioner submits that the petitioner is defendant in Civil Suit No. 2457 of 2021 pending in the court of Civil Judge Hawali (Junior Division) Lucknow. An application under Order 7 Rule 11 read with Section 151 C.P.C. was filed by the petitioner/defendant no.1 before the court below for rejection of plaint, inter alia, on the ground that the plaint is under value as court fee paid is deficient. The said application was disposed of by the court below on 05.04.2024 with findings that the plaint is under value as court fee paid for the relief is deficient. The plaintiff was directed to file court fee as per market value. He next submits that in spite of order dated 05.04.2024, the said order has not been complied as yet and the plaintiff is avoiding the compliance of the said order with which further proceedings in the case are halted . The petitioner has also filed separate suit for recovery of possession which also no progression is made due to dilatory tactic adopted by the plaintiff in the present case, therefore, necessary direction may kindly be issued to the court below to expedite to heard the case . No useful purpose will be served while keeping this petition pending before this Court in which a limited prayer has been made for expeditious disposal of the suit. Versus Counsel for Petitioner(s) : Mohammad Aslam Beg Counsel for Respondent(s) : Aditya Kumar Mauriya And 2 Others .....Petitioner(s) Shambhu Devi Mauriya (Died) Substituted Name Thru. Will Akash Saini .....Respondent(s) In view of the above, it is directed that the court below shall expedite the hearing of the suit for which a relief for cancellation of gift deed is made. Every effort will be made to hear the suit in accordance with law with expeditious manner without granting unnecessary adjournments on insufficient grounds and the suit will be heard and decided in expeditious manner. The writ petition stands disposed of. November 17, 2025 dk/ A227 No. 6693 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench