MOHD. YASEEN v. HANUMAN PRASAD GUPTA (SINCE DECEASED) AND 2 OTHERS
A227/8695/2025 · 2025-08-20
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82711 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82711 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:144132 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8695 of 2025 Petitioner :- Mohd. Yaseen Respondent :- Hanuman Prasad Gupta (Since Deceased) And 2 Others Counsel for Petitioner :- Santosh Kumar Tiwari 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:
"i. Issue a suitable order or direction expediting the hearing of Case No. 1410 of 2017 (Mohd. Yaseen Vs. Hanuman Prasad Gupta (since deceased) & others), under Section 34 of the Specific Relief Act, 1963, pending in the court of learned Civil Judge (J.D.), Kanpur Nagar and to direct the learned Civil Judge (J.D.), Kanpur Nagar to decide the Case No. 1410 of 2017 (Mohd. Yaseen Vs. Hanuman Prasad Gupta (since deceased) & others), under Section 34 of the Specific Relief Act, 1963, within stipulated period as may be fixed by this Hon'ble Court. ii. Issue a suitable order or direction directing the defendant-respondents to not evict the petitioner from the tenanted house in dispute till the final disposal of Case No. 1410 of 2017 (Mohd. Yaseen Vs. Hanuman Prasad Gupta (since deceased) & others), under Section 34 of the Specific Relief Act, 1963,"
3. Contention of the learned counsel for the petitioner is that the aforesaid case is pending since 2017. It is further submitted by learned counsel for the petitioner that the case is at the stage of recording of evidence. 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 learned Civil Judge (J.D.), Kanpur Nagar to consider and decide the aforesaid case, in accordance with law, expeditiously, preferably within a period of eighteen 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 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 :- 21.8.2025 Sharad/- (Manish Kumar Nigam, J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad