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2025 DAILYLAW 75924 (ALL)

SMT. AMRAWATI AND 6 OTHERS v. GYANMATI DEVI AND 4 OTHERS

A227/7257/2025 · 2025-07-17

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116458 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7257 of 2025 Petitioner :- Smt. Amrawati And 6 Others Respondent :- Gyanmati Devi And 4 Others Counsel for Petitioner :- Rajendra Rai,Udit Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioners and perused the record. 2. This petition has been filed for following relief: "Issue an order or direction directing the trial court (Civil Judge (Senior Division), F.T.C., Varanasi) to expedite the Misc. Case (Tazvizsani) No. 135 of 2023 filed, by the applicants, under Order 9 Rule 13 of Civil Procedure Code, in Civil Suit No. 780 of 2013, Gyanmati Devi Versus Lalchand and others, within stipulated period of two months." 3. Contention of the learned counsel for the petitioner is that the aforesaid Misc. Case under Order 9 Rule 13 C.P.C., is pending since 2023. 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 Civil Judge (Senior Division), F.T.C., Varanasi to consider and decide the aforesaid case, 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 parties concerned and after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 18.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad