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2025 DAILYLAW 50161 (ALL)

SMT NARAINI DEVI AND 5 OTHERS v. SMT GOMTI DEVI (NOW DECEASED) AND 5 OTHERS

A227/7567/2021 · 2025-08-12

Manish Kumar Nigam

body2025

Judgment text

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Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7567 of 2021 Petitioner :- Smt Naraini Devi And 5 Others Respondent :- Smt Gomti Devi (Now Deceased) And 5 Others Counsel for Petitioner :- Jainendra Kumar Mishra Counsel for Respondent :- Chandra Bhan Gupta Hon'ble Manish Kumar Nigam,J. 1. Heard Sri J.K. Mishra, learned counsel for the petitioners and Sri C.B. Gupta, learned counsel for the respondents. 2. This petition has been filed challenging the order dated 25.02.2021 passed by Addl. District Judge, Court No.20, Kanpur Nagar. 3. Learned counsel for the respondents has no objection in case the order is set aside and the application for substitution is allowed. 4. Accordingly, the order dated 25.02.2021 passed by the Addl. District Judge, Court No.20, Kanpur Nagar is set aside and the application for substitution for substituting the proposed heirs of Gomti Devi namely Radha Krishna Gupta who has died during pendency of the petition is allowed. 5. Learned counsel for the respondents has submitted that appeal is pending since 2003 and the same may be decided expeditiously. 6. No useful purpose would be served in keeping this petition pending. 6. In view of the same, the Addl. District Judge, Court No.20, Kanpur Nagar is directed to consider and decide the appeal, in accordance with law, expeditiously after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 7. With these observations, the writ petition is disposed of. Order Date :- 13.8.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad