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2025 DAILYLAW 85725 (ALL)

SMT. RUKHSANA v. SAYRA KHATOON AND 2 OTHERS

A227/9001/2025 · 2025-08-12

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:137468 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9001 of 2025 Petitioner :- Smt. Rukhsana Respondent :- Sayra Khatoon And 2 Others Counsel for Petitioner :- Ravindra Prakash Srivastava Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "direct the Civil Judge (Junior Division) /Judicial Magistrate, Dumariyaganj, Siddharth Nagar to concluded and decide the Misc.Case No. 14 of 2022 (Noorjahan and others Vs. Sayra Khatoon) under Order-9 Rule-13 C.P.C. in Original Suit No. 36 of 2015 (Sayra Khatoon Vs. Smt. Noorjahan and others) pending before him since 14.10.2022, expeditiously, within stipulated period." 3. Contention of the learned counsel for the petitioner is that the aforesaid misc. case is pending since 2022 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, 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 (Junior Division) /Judicial Magistrate, Dumariyaganj, Siddharth Nagar to consider and decide the aforesaid misc. case, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as 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 :- 13.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad