KRISHANA MOHAN GUPTA v. SMT. DRAUPATI DEVI AND ANOTHER
A227/4283/2025 · 2025-04-28
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49792 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49792 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66000 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4283 of 2025 Petitioner :- Krishana Mohan Gupta Respondent :- Smt. Draupati Devi And Another Counsel for Petitioner :- Deepak Kumar Patel,Swetakshi Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This petition under Article 227 of Constitution has been filed seeking a direction upon court below to expedite the proceedings of Original Suit No. 480 of 1999.
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 26 years have elapsed and court below till date has not proceeded to decide the said suit despite the fact that suit is at the stage of final hearing, 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. 480 of 1999 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 unnecessary 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 :- 29.4.2025//V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad