SHRI RAM CHAUBEY v. KAMALA KANT MISHRA AND 8 OTHERS
A227/3599/2025 · 2025-04-29
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37435 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67772 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3599 of 2025 Petitioner :- Shri Ram Chaubey Respondent :- Kamala Kant Mishra And 8 Others Counsel for Petitioner :- Alok Kumar Singh,Krit Raj Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"To Issue a direction to the Additional Civil Judge (Junior Division), Jaunpur to decide the Original Suit No. 845 of 2000 (Shri Ram Chaubey Vs. Kamlakant and others) which is pending before the learned Additional Civil Judge (Junior Division), Jaunpur, within a stipulated period of time."
2. It is contended by learned counsel for petitioner that Original Suit No.845 of 2000 is instituted by the plaintiff, which is pending
consideration for last 25 years. In para 4 of the writ petition as well as in para 3 of the supplementary affidavit it has been specifically averred that till date issues have not been framed by the trial Court.
3. Though Constitution Bench of Apex Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 has held that Constitution Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts but looking to the facts of the case that the civil suit was filed way back in the year 2000 and more than 25 years have elapsed and even issues have not been framed, the court below is hereby directed to proceed with Original Suit No.845 of 2000 (Shri Ram Chaubey vs. Kamlakant and others) on day to day basis, without granting any unnecessary adjournment to either of the parties, and decide the same expeditiously, in accordance with law, after hearing all affected parties, preferably within a period of one year from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 30.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad