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2025 DAILYLAW 23971 (ALL)

RAMSURAT v. JOKHAI AND ANOTHER

A227/2000/2025 · 2025-02-26

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:27636 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2000 of 2025 Petitioner :- Ramsurat Respondent :- Jokhai And Another Counsel for Petitioner :- Lakshmi Kant Trigunait,Rajesh,Ravi Lal Gupta Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed seeking a direction upon the court of Civil Judge (Junior Division), Shahgan, Jaunpur to expedite the proceedings of Original Suit No.1248 of 1992 (Jokhai and another vs. Ramashankar Mishra and others). 2. It is contended by learned counsel for defendant-petitioner that more than 32 years have elapsed since filing for the suit but the same has not been concluded though issues have been framed. 3. Though Constitution Bench of Apex Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 has held that Constitution Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts but looking to the facts of the case that the civil suit was filed way back in the year 1992 and more than 32 years have elapsed and only issues have been framed and Court below till date has not decided the said suit, no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondent, the court below is hereby directed to proceed with Original Suit No.1248 of 1992 (Jokhai and another vs. Ramashankar Mishra and others) on day to day basis, without granting any unnecessary adjournment to either of the parties, and decide the same expeditiously, in accordance with law, after hearing all affected parties, preferably within a period of one year from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 27.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad