[2025:JHHC:12585] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI C.M.P. No. 1223 of 2023 Uttam Kumar Sen, aged about 59 years, son of Late Ratan Chandra Sen, resident of Gopalpur, P.O. Ghatshila, P.S. Ghatshila, District East Singhbhum. ..... … Petitioner Versus 1. Smt. Anushree Sen, widow of Late Ashok Kumar Sen (Deleted) 2. Amit Kumar Sen, son of Late Ashok Kumar Sen, Sl. No.1 & 2 both are resident of Near Subernarekha Nursing Home, Sandhpura, P.O. Ghatshila, P.S. Ghatshila, District East Singhbhum, Jharkhand. 3. Amit Paul, wife of Sri Bishwanath Paul and D/O Late Ashok Kumar Sen, resident of Dahigora, Ghatsila, P.O. Ghatshila, P.S. Ghatshila, District East Singhbhum, Jharkhand. ..... … Opposite Parties -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Petitioner : Ms. Prerna Jhunjhunwala, Advocate. ------ 06/ 28.04.2025 Heard learned counsel appearing for the petitioner. 2. This petition has been filed under Article 227 of the Constitution of India for a direction upon the concerned learned court to expeditiously decide the Civil Appeal No. 01 of 2022, pending before the court of learned District and Additional Sessions Judge-I, Ghatshila, which was preferred by the other side and the petitioner herein is the respondent in the said appeal. 3. Learned counsel appearing for the petitioner submits that the said appeal has been filed long back and till date, the same has not been decided, as such, appropriate direction may kindly be issued to decide the said appeal at an early date. 4. From the petition, it is not transpired that as to whose action, the said appeal is being delayed. It is also not clear that the learned court is not passing the orders. It is for the parties to pursue the said appeal diligently to decide the same at an early date. 5. In para-47.3 of the decision of the Constitutional Bench in the case of High Court Bar Association, Allahabad Versus State of Uttar Pradesh & Ors., reported in (2024) 6 SCC 267, the Constitutional Bench of Hon’ble Supreme Court has held that the [2025:JHHC:12585] -2- Constitutional Courts in a routine way, may not pass any order to the trial court to decide the appeal within the stipulated time. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending. 6. In view of the above, no positive order can be passed by this court. It is for the parties to take steps for early disposal of the case. As such, this petition is disposed of with the liberty to the petitioner to take steps before the learned court to decide the pending appeal at the earliest. (Sanjay Kumar Dwivedi, J.) Amitesh/-