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2025 DAILYLAW 71764 (ALL)

MAHENDRA SINGH YADAV v. CHADRIKA SINGH YADAV AND 8 OTHERS

A227/6684/2025 · 2025-07-08

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108808 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6684 of 2025 Petitioner :- Mahendra Singh Yadav Respondent :- Chadrika Singh Yadav And 8 Others Counsel for Petitioner :- Birendra Kumar Yadav,Lal Behari Yadav Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "(1) direct the small causes court, Allahabad to expedite and conclude the Appeal No. Misc. MA 40 of 2023 Mahendra Singh Yadav Vs. Chandrika Singh Yadav and Others under section 472 of U.p. Nagar Nigam Act pertaining to Hosue No. 1503A/23/47/55 F Ward No. 33 situated at Kidwai Nagar, Allahpur, Allahabad-city, District Allahabad at an earliest date during pendency of the above noted petition before this Hon'ble Court. (11) direct the Respondent No. 1 to 9 not to alienate the house in dispute till the pendency of the aforesaid appeal to the extent of their shares in favour of any third parties." 3. Contention of the learned counsel for the petitioner is that the aforementioned appeal is pending since 2023 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the Judge, Small Causes Court, Allahabad to consider and decide the aforementioned appeal of the petitioner, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. Order Date :- 9.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad