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2025 DAILYLAW 95819 (ALL)

RAKESH KUMAR YADAV v. SITA RAM AND 12 OTHERS

A227/11045/2025 · 2025-09-15

Chandra Kumar Rai

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11045 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1.Heard learned counsel for the petitioner. 2.The instant petition has been filed for the following relief:- "i. Issue an order or direction commanding the Judge Small Causes Court, Varanasi to decide the proceedings of S.C.C. Suit No.6 of 2016 (Rakesh Kumar Yadav vs. Sita Ram and others) within time stipulated by this Hon'ble Court. II. In addition or in substitution of above to issue any other order or direction which the Hon'ble Court deem fit and appropriate order the fact and circumstances of this Case." 3. Learned counsel for the petitioner submitted that the aforementioned S.C.C. Suit filed on behalf of the petitioner before Judge Small Cause Court, Varanasi is pending since 2016. He further placed certified copy of the order sheet of the pending proceeding, which has been annexed as Annexure No.1 to the instant petition in order to demonstrate that the case is not proceeding expeditiously. 4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the instant petition under Article 227 of the Constitution of India stands disposed of finally directing Judge Small Cause Court, Varanasi to decide the aforementioned S.C.C. Suit No.6 of 2016 in accordance with law expeditiously and preferably within Versus Counsel for Petitioner(s) : Santosh Kumar Kesarwani Counsel for Respondent(s) : Rakesh Kumar Yadav .....Petitioner(s) Sita Ram And 12 Others .....Respondent(s) a period of three months from the date of production of certified copy of this order after giving opportunity of hearing to both the parties. September 16, 2025 PS*/Vandana A227 No. 11045 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad