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2025 DAILYLAW 56852 (ALL)

NIZAMUDDIN AND ANOTHER v. SIRAJUDDIN AND 28 OTHERS

A227/5012/2025 · 2025-05-15

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:81141 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5012 of 2025 Petitioner :- Nizamuddin And Another Respondent :- Sirajuddin And 28 Others Counsel for Petitioner :- Mayank Krishna S Chandel,Vinod Kumar Chandel Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "An order or direction to Civil Judge (Junior Division), Court No. 24, Azamgarh deciding the original suit no. 708 of 1982 Muhammad and others Versus Ahmad and others) is pending in the court of Civil Judge (Junior Division), Court no. 24, Azamgarh within reasonable stipulated time." 2. It is contended by learned counsel for the petitioner that the suit instituted by plaintiff is of the year 1982 and is at the hearing stage, as stated in para 14 of the writ petition. It is further stated that the suit may be decided expeditiously. 3. Though Constitution Bench judgment of Apex Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 held that Constitution Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts but looking to the facts of the case that the civil suit was filed way back in the year 1982 and more than 43 years have elapsed and the suit in at the hearing stage but Court below till date has not decided the said suit, no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondent, the court below is hereby directed to proceed with Original Suit No.708 of 1982 on day to day basis, without granting any adjournment to either of the parties, and decide the same expeditiously, in accordance with law, after hearing all affected parties, preferably within a period of six months 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 :- 16.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad