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2025 DAILYLAW 9255 (ALL)

MITHLESH KUMAR AND ANOTHER v. SMT. SUBHAWATI DEVI AND 12 OTHERS

A227/634/2025 · 2025-02-16

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:22090 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 634 of 2025 Petitioner :- Mithlesh Kumar And Another Respondent :- Smt. Subhawati Devi And 12 Others Counsel for Petitioner :- Shamasul Eslam Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i) direct the learned Court concerned to decide the Case No. 103 of 1998 (Khiladi Vs. Subhawati Devi) within stipulated period which is pending before the Court of Civil Judge (Junior Division) F.T.C., Ballia (Annexure No.1 to this petition)." 2. It is contended by learned counsel for petitioner that petitioner had filed Case No.103 of 1998 before the Civil Judge (Junior Division)- F.T.C., Ballia, which is pending consideration. The sole prayer made in the writ petition is for the early disposal of the said suit. 3. Though the Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) had held that no separate class can be created amongst the litigants and no such direction can be issued for expeditious disposal of civil cases but looking to the facts of the case, as the case was filed way back in the year 1998 and almost 27 years have elapsed and the suit is at the stage of hearing, the court below is hereby directed to expedite the proceedings of Case No.103 of 1998 and proceed with the matter and decide the same, in accordance with law, after hearing all affected parties without granting any unnecessary adjournments to either of the parties, preferably within a period of six months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad