Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50437 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2822 of 2025 Petitioner :- Hansnarayan Respondent :- Ram Narayan Tiwari And Another Counsel for Petitioner :- Ajay Kumar Tripathi,Maruti Kumar Tripathi Hon'ble Rohit Ranjan Agarwal,J.
1. Perused the supplementary affidavit filed today. This petition under Article 227 of Constitution has been filed seeking a direction upon court below to expedite the proceedings of Original Suit No. 662 of 1989.
2. The Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no such direction can be issued as it creates a class amongst the litigants but looking to the facts of the case that more than 36 years have elapsed and court below till date has not proceeded to frame the issues in the said suit, in view of said fact, no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents. The trial court is required to expedite the proceedings of Original Suit No. 662 of 1989 (Vishnu Bhagwan Vs. Tulsipati) and decide the same, expeditiously, preferably, within a period of one year from the date of production of certified copy of this order, strictly in accordance with law on day to day basis without granting any adjournment to either of the parties.
3. With the aforesaid directions, the petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 8.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad