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2025 DAILYLAW 57962 (ALL)

SMT. KAMLA DEVI v. GAUS MOHAMMAD AND ANOTHER

A227/5094/2025 · 2025-05-16

Saral Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82646 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 5094 of 2025 Petitioner :- Smt. Kamla Devi Respondent :- Gaus Mohammad And Another Counsel for Petitioner :- Suresh Dhar Dwivedi Hon'ble Saral Srivastava,J. 1. Heard learned counsel for the petitioner. 2. The petitioner by means of the present petition under Article 227 of the Constitution of India has assailed the order dated 13.12.2024 passed by the Additional District and Sessions Judge, Court No.11, District Shahjahanpur in S.C.C. (Civil) Revision No.8 of 2024 whereby he has set aside the ex parte decree passed by the Trial Court and remanded the matter to the Trial Court. 3. After arguing the matter at length, learned counsel for the petitioner confines his prayer only to the extent that a direction be issued to the Trial Court to decide the Suit No.5 of 2020 (Kamla Devi Vs. Gaus Mohammad & Another) after remand by the order dated 13.12.2024 within a time bound period. 4. The aforesaid prayer made by the learned counsel for the petitioner appears to be reasonable. Therefore, considering the fact that suit is instituted in the year 2020 and respondents did not appear to contest the suit which led the Trial Court to pass ex parte order, therefore, it seems that respondents have adopted delaying tactics in not deciding the case. 5. Accordingly, this Court directs the Trial Court to decide the Suit No.5 of 2020 (Kamla Devi Vs. Gaus Mohammad & Another) within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournments to either of the parties. 6. In case, if any adjournment is inevitable, the concerned Court shall grant the same by imposing heavy cost which may not be less than Rs.1,000/-. 7. Accordingly, the petition under Article 227 of the Constitution of India is disposed off. Order Date :- 17.5.2025 Sattyarth Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad