SHIROMANI TIWARI SINCE DECEASED AND ANOTHER v. MARKANDEY TRIPATHI (SINCE DECEASED) AND 6 OTHERS
A227/2781/2025 · 2025-04-07
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 32501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32501 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50471 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2781 of 2025 Petitioner :- Shiromani Tiwari Since Deceased And Another Respondent :- Markandey Tripathi (Since Deceased) And 6 Others Counsel for Petitioner :- Anurag Upadhyay 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. 635 of 1998.
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 27 years have elapsed and court below till date has not proceeded to decide the said suit despite the fact that the suit is at the stage of evidence, 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. 635 of 1998 (Markandey Vs. Shiromani and others) 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