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2025 DAILYLAW 30911 (ALL)

NITHOHAR v. CHHOTKUN (DECEASED) AND 17 OTHERS

A227/2863/2025 · 2025-04-16

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:56418 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2863 of 2025 Petitioner :- Nithohar Respondent :- Chhotkun (Deceased) And 17 Others Counsel for Petitioner :- Ram Bahadur Singh,Ravi Shankar Shukla,Sanoj Kumar Hon'ble Rohit Ranjan Agarwal,J. 1. On 02.04.2025, time was granted to the petitioner to file supplementary affidavit disclosing the stage of the suit. 2. When the case was taken up today, counsel for the petitioner states that some further time may be granted to file supplementary affidavit, however, he contends that the suit is at the stage of evidence. 3. This writ petition has been filed with the following prayer:- "i) Issue a suitable order or direction to decide the original suit No. 477 of 1999 (Nithohar Vs. Chhotkun (Deceased) and Others) pending before the court of Additional Civil Judge (Junior Division) Court No.19, Azamgarh within stipulated time as this Hon'ble Court may be fixed." 4. It is contended by learned counsel for petitioner that petitioner had filed Original Suit No.477 of 1999 before the Additional Civil Judge (Junior Division)- Court No.19, Azamgarh which is pending consideration. The sole prayer made in the writ petition is for the early disposal of the said suit. 5. Though the Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no separate class can be created amongst the litigants and no such direction can be issued for expeditious disposal of civil cases but looking to the facts of the case, as the civil suit was filed way back in the year 1999 and almost 26 years have elapsed and the suit is only at the stage of evidence, the court below is hereby directed to expedite the proceedings of Original Suit No.477 of 1999 and proceed with the matter and decide the same, in accordance with law, after hearing all affected parties without granting any unnecessary adjournments to either of the parties, preferably within a period of one year from the date of production of certified copy of this order. 6. With the aforesaid directions, writ petition stands disposed of. 7. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad