QAISER JALIL AHMAD v. MOHD. RAFAT (NOW DECEASED) AND 9 OTHERS
A227/4811/2025 · 2025-05-26
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 55955 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55955 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:90254 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4811 of 2025 Petitioner :- Qaiser Jalil Ahmad Respondent :- Mohd. Rafat (Now Deceased) And 9 Others Counsel for Petitioner :- Faizul Hasan,Mahboob Ahmad Siddiqui Hon'ble Rohit Ranjan Agarwal,J.
1. Supplementary affidavit filed today is taken on record.
2. This petition under Article 227 of Constitution of India has been filed seeking a direction upon the Civil Judge (Senior Division), Aligarh to expedite the proceedings of Original Suit No. 1000 of
1996.
3. 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 the suit in question has been instituted in the year 1996 and same has not been decided till date and more than 30 years have elapsed. In paragraph no. 8 of the supplementary affidavit it has been stated that no issues till date have been framed by the trial court, 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. 1000 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.
4. With the aforesaid directions, the petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 27.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad