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2025 DAILYLAW 57244 (ALL)

KRISHNA PRASAD DUBEY SINCE DECEASED AND 6 OTHERS v. BANSHNATH DUBEY (SINCE DECEASED) AND 7 OTHERS

A227/5013/2025 · 2025-05-15

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:81150 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5013 of 2025 Petitioner :- Krishna Prasad Dubey Since Deceased And 6 Others Respondent :- Banshnath Dubey (Since Deceased) And 7 Others Counsel for Petitioner :- Abhay Mishra,Sachin Srivastava Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "Issue an appropriate direction or pass an order directing the Learned Civil Judge (Junior Division), City, Varanasi to decide the Original Suit No. 548 of 1998 (Krishna Prasad Dubey and others Vs. Vansh Nath Dubey and others), as expeditiously as possible, and within such shortest possible time-frame, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;" 2. It is contended by learned counsel for the petitioner that Original Suit No.548 of 1998 was filed by the plaintiffs-petitioners, which is pending consideration and is at the stage of plaintiff's evidence, as staged in para 8 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 1998 and more than 37 years have elapsed and the suit in at the stage of plaintiff's evidence 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.548 of 1998 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 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 :- 16.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad