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Neutral Citation No. - 2025:AHC:42761 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2814 of 2025 Petitioner :- Haresh Thakur Respondent :- Ram Nath Counsel for Petitioner :- Juned Alam Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"direct the learned Civil Judge (Senior Division)/F.T.C. Kushinagar at Padrauna to Proceed and decide the Misc. Case No. 102 of 2023 (Haresh Thakur Vs. Ram Nath) filed in the Succession Case No. 41 of 2020 (Ram Nath Vs. Haresh Thakur) Under Section 372 of Indian Succession Act, 1925 pending before it, expeditiously within a short period so stipulated by this Hon'ble Court. So that justice may be done with the Petitioner." It is contended that in a succession proceedings, letter of administration has been granted and when the petitioner came to know about the said fact, he has moved in application in 2023 for recalling the said order which was registered as Misc. Case No.102 of 2023. The sole prayer made in the writ petition is for expeditious disposal of the said misc. case. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division)/F.T.C., Kushinagar at Padrauna to decide the Misc. Case No.102 of 2023 (Haresh Thakur vs. Ram Nath) filed in Succession Case No.41 of 2020, in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 24.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad