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2025 DAILYLAW 70430 (ALL)

VARUN KUMAR TIWARI v. NITESH KUMAR TIWARI AND 2 OTHERS

A227/6424/2025 · 2025-07-09

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109481 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6424 of 2025 Petitioner :- Varun Kumar Tiwari Respondent :- Nitesh Kumar Tiwari And 2 Others Counsel for Petitioner :- Ishwar Kumar Upadhyay Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed for following relief: "direct the court concerned learned Additional District and Sessions Judge-III, Ballia to decide the Probate Petition No.01 /2022 (Niteh Kumar Tiwari Vs. Anil Kumar Tiwari and others) under Section 278 Indian Succession Act, 1925 expeditiously, within a time bound period as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the aforesaid Probate Petition, is pending since 2022. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Additional District and Sessions Judge-III, Ballia to consider and decide the aforesaid Probate Petition, in accordance with law, expeditiously, preferably within a period of one year from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 10.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad