JAIKRISHNA KUMAR PANDEY v. KUSHLAWATI AND 9 OTHERS
A227/3002/2025 · 2025-04-08
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 33218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33218 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:51665 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3002 of 2025 Petitioner :- Jaikrishna Kumar Pandey Respondent :- Kushlawati And 9 Others Counsel for Petitioner :- Kripa Shanker Pandey Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Direct the learned trial court i.e. Civil Judge (J.D.), Basti to summon the witness Pateshwari Prasad, the scriber of Will dated 08.01.1985 in order to ascertain authenticity of Will in pursuance of the application 97C2 under
order 16 Rule 10 (2 & 3) of C.P.C. filed original suit no. 11 of 2022 (Jaikrishna Kumar Pandey Vs. Kushlawati Devi) pending in the court of Civil Judge (J.D.) Basti, so that justice may be done."
2. Learned counsel for the petitioner, at the very outset, states that the prayer made in the writ petition is wrongly drafted and the sole prayer is for a direction to decide the application (Paper No.97C2), which is pending consideration, within fixed frame of time.
3. 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 (Junior Division), Basti to decide the application (97-C2) filed in Suit No. 11 of 2022 (Jaikrishna Kumar Pandey vs. Kushlawati Devi), in accordance with law, after hearing all affected parties, preferably within a period of three 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 :- 9.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad