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Neutral Citation No. - 2025:AHC:56728 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3727 of 2025 Petitioner :- Aparna Gupta Respondent :- Gireesh Chand And 15 Others Counsel for Petitioner :- Aniruddha Pratap,Anjani Kumar Tripathi Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"1. A direction to the court below to decide the civil suit no. 4730/2017 Gireesh Chandra versus Heeralal and others pending before the court of Civil Judge Junior Division, Gorakhpur with in time bound period as stipulated by this Hon'ble Court."
2. It is contended that initially Suit No. 1132 of 1995 was filed before the court concerned. However, as the issue of valuation came for consideration the matter was transferred to the Court of Civil Judge (Senior Division), Gorakhpur and it was numbered as Original Suit No. 631 of 2000. Subsequently, the case has been transferred from the Court of Civil Judge (Senior Division), Gorakhpur to the Court of Civil Judge (Junior Division), Gorakhpur and it has been renumbered as Original Suit No. 4730 of 2017. Learned counsel for petitioner submits that the matter is pending for last 30 years and it is at the cross examination stage and cross examination of PW-1, 2 and 3 is going on. 3. 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 30 years have elapsed and court below till date has not proceeded to decide the said suit despite the fact that the suit is at cross examination stage,
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. 4730 of 2017 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. 4. With the aforesaid directions, the petition stands disposed of. 5.
It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad