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2025 DAILYLAW 83489 (ALL)

SMT. USHA DEVI AND ANOTHER v. DASHRATH PRASAD AND 7 OTHERS

A227/8642/2025 · 2025-08-05

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:132589 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8642 of 2025 Petitioner :- Smt. Usha Devi And Another Respondent :- Dashrath Prasad And 7 Others Counsel for Petitioner :- Aashirwad Mishra,Sanjay Kumar Mishra 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: "i. expedite the hearing of Original Suit No.267 of 2007 (Dashrath Prasad Vs. Vishal Kumar and others) and to direct the learned Civil Judge (S.D.)/ F.T.C., Kushinagar at Padrauna to conclude and decide the hearing of Original Suit No. 267 of 2007 (Dashrath Prasad Vs. Vishal Kumar and others) within a stipulated period of time, as may be fixed by this Hon'ble Court, which is pending before the learned court concerned since 30.08.2007." 3. Contention of the learned counsel for the petitioners is that the aforementioned suit is pending since 2007 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 Civil Judge (S.D.)/ F.T.C., Kushinagar at Padrauna to consider and decide the aforementioned suit of the petitioner, in accordance with law, expeditiously, preferably within a period of 18 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 :- 6.8.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad