MAKARDHWAJ SINGH v. RAM KISHUN SINGH (SINCE DECEASED) AND 2 OTHERS
A227/4397/2025 · 2025-04-30
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 51603 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51603 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68753 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4397 of 2025 Petitioner :- Makardhwaj Singh Respondent :- Ram Kishun Singh (Since Deceased) And 2 Others Counsel for Petitioner :- Ajay Kumar Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"(i) Direct the Additional Civil Judge (Senior Division), Ghazipur to decide the Original Suit No.340 of 1997 (Makardhwaj Vs. Ram Kishun Singh and others), pending before him, within specific period as fixed by this Hon'ble Court which is pending since 1997, within specific period as fixed by this Hon'ble Court;"
2. It is contended by learned counsel for petitioner that petitioner had filed Original Suit No.340 of 1997 before the Additional Civil Judge (Senior Division), Ghazipur which is pending consideration. The sole prayer made in the writ petition is for the early disposal of the said suit.
3. Though the Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no separate class can be created amongst the litigants and no such direction can be issued for expeditious disposal of civil cases, but looking to the facts of the case, as the civil suit was filed way back in the year 1997 and almost 28 years have elapsed and only the suit is at the evidence stage, the court below is hereby directed to expedite the proceedings of Original Suit No.340 of 1997 and proceed with the matter and decide the same, in accordance with law, after hearing all affected parties, on day to day basis, without granting any unnecessary adjournments to either of the parties, preferably within a period of one year from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 1.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad