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2025 DAILYLAW 50935 (ALL)

DEENANATH v. SMT. SUHSILA DEVI AND 13 OTHERS

A227/4469/2025 · 2025-05-01

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:70059 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4469 of 2025 Petitioner :- Deenanath Respondent :- Smt. Suhsila Devi And 13 Others Counsel for Petitioner :- Pawan Kumar Mishra 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. 2392 of 1996. 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 29 years have elapsed and court below till date has not proceeded to decide the said suit despite the fact that issues have been framed but no evidence has been started in the matter till date, 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. 2392 of 1996 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. 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 :- 2.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad