MAA SHARDA ENTERPRISES MEJA ROAD PRAYAGRAJ AND ANOTHER v. STATE OF U.P. AND 7 OTHERS
A227/2828/2025 · 2025-05-20
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22041 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22041 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:85407 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2828 of 2025 Petitioner :- Maa Sharda Enterprises Meja Road Prayagraj And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Satyam Singh Hon'ble Rohit Ranjan Agarwal,J.
1. Heard Sri Gyan Prakash Keshari, in person and Sri Sanjay Kumar Singh, learned Additional Chief Standing Counsel appearing for respondents no.1, 2, 3, 6 & 7 as well as Sri Satyam Singh, learned counsel for respondents no.4 and 5. 2. Through this writ petition, a challenge has been laid to the order dated 18.01.2023 passed by Civil Judge (Senior Division)/Fast Track Court, Prayagraj and order dated 28.08.2024 passed by Additional Sessions Judge, Court No.21, Prayagraj rejecting the application 283-C which was filed seeking for production of the original documents for the Financial Year 2003-04 which are on record of Register No.4 along with income and expenses register of the Sub-Treasury Office, Tehsil- Meja, Prayagraj. 3. The trial Court while dismissing the application 283-C has held that the summoning of the records would only delay the suit in question. No reasons have been assigned by the trial Court. The revision preferred against the said order has already been rejected. 4. I have heard Sri Gyan Prakash Keshari (in person) and counsel appearing for the respondents. 5. After going through the order dated 05.04.2023, I find that the trial Cort had committed error in denying for producing the documents as required by the
plaintiff of Suit No.983 of 2010 on the ground that it would delay the same. The suit instituted by the plaintiff was for the cancellation of the sale deed dated 25.07.2003 executed in favour of the auction purchaser. 6. The very basis for the cancellation of the suit rests upon the documents for the Financial Year 2003-04. The Register No.4 needs to be produced before the trial Court for the consideration of the issues framed thereunder. 7. In view of the said facts, both the orders dated 18.01.2023 passed by Civil Judge (Senior Division)/Fast Track Court, Prayagraj and 28.08.2024 passed by Additional Sessions Judge, Court No.21, Prayagraj are unsustainable in the eyes of law, and the same are hereby set aside. 8. Writ petition is, accordingly, allowed. 9.
The trial Court is directed to summon the records for the Financial Year 2003-04 as required by the plaintiff, within two months from the date of production of certified copy of this order and proceed with the suit thereafter. Order Date :- 21.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad