Neutral Citation No. - 2025:AHC:84822 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2075 of 2017 Petitioner :- Abulwala Respondent :- Tabarak Husain And Another Counsel for Petitioner :- Narendra Kumar Chaturvedi Counsel for Respondent :- Hausihla Prasad Mishra Hon'ble Rohit Ranjan Agarwal,J. Heard Sri Narendra Kumar Chaturvedi, learned counsel for the petitioner and Sri H.P. Mishra, learned counsel for the respondents. The plaintiff-petitioner had instituted a suit for declaration which was registered as Original Suit No. 2682 of 1991 claiming that property in dispute was gifted to him by defendant Mubarak Husain. On 27.02.1991, Mubarak Husain had filed his written statement wherein he had admitted to the averments of the plaint. Unfortunately, Mubarak Husain died on 09.03.1993 leaving behind his widow and two sons. After the legal representatives were impleaded as defendants in the suit they filed their written statement on 28.08.1998 wherein para no. 3 of the plaint was specifically denied and stated that no such oral gift was executed in favour of plaintiff by defendant. Additional written statement along with counter claim was filed by defendants in the year 2008. Plaintiff-petitioner filed an application on 31.10.2008 which was registered as Paper No. 69C for dismissing the Paper No.66A filed by defendants which was the additional written statement. The said application was dismissed by order dated 28.04.2010 which was never challenged by the plaintiff. Thereafter, the plaintiff filed another application 125C on 25.11.2014 for somewhat similar relief claiming that the written statement along with additional written statement and counter claim be not taken on record. The trial court found that the application filed by plaintiff for the same cause of action on earlier occasion was rejected and by order dated 07.08.2015, the application 125C was dismissed. Aggrieved by the said order, a Civil Revision No. 22 of 2016 was filed by plaintiff which has been rejected by order impugned. Hence, the present writ petition. Sri N.K. Chaturvedi, learned counsel for the petitioner submits that earlier application Paper No. 69C was only in respect of written statement filed by defendants i.e. legal heirs of original defendant, Mubarak Husain, while the subsequent application 125C was filed for not taking on record the written statement along with additional written statement and counter claim. According to him, both the court below had committed error in not allowing the said application. Sri H.P. Mishra, learned counsel for the defendants-respondents submits that that application moved by plaintiff was already rejected insofar as taking additional written statement on record. Once, it was an admitted case that application was rejected and no appeal or revision was filed against the said order, the second application was not maintainable. I have heard respective counsel for the parties and perused the material on record. It is not in dispute that two applications, one 69C and the other 125C have been moved by plaintiff-petitioner against admission of written statement as well as additional written statement and counter claim filed by defendants. The first application was rejected by order dated 28.04.2010 which had remained unchallenged. The second application moved on 25.11.2014 has rightly been rejected by trial court on the ground that first application has been rejected against which no proceeding has been initiated. The revisional court has also rightly rejected the revision and recorded a finding of fact which needs no interference by this Court. Writ petition fails and is hereby dismissed. Looking to the facts of the case that more than 34 years have elapsed since filing of the suit and court below till date has not proceeded to decide the suit, in view of said fact, the trial court is required to expedite the proceedings of Original Suit No. 2682 of 1991 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 unnecessary adjournment to either of the parties. Order Date :- 20.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad