MITHILESH TIWARI AND 2 OTHERS v. DEVI PRASHAD TIWARI
A227/11158/2025 · 2025-09-16
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 97114 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97114 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11158 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners and perused the record.
2. The present petition has been filed for the following relief:
"i. Issue a order or direction in the nature of commanding and directing the Learned court of Civil Judge (Avar Khand) Haveli, Azamgarh to decide the original Suit No. 1013 of 2019 (Devi Prasad Tiwari Vs. Mithilesh Tiwari and others) pending in the court of Civil Judge (Avar Khand) Haveli, Azamgarh, within stipulated period from the command of this Hon'ble Court."
3. Contention of learned counsel for the petitioners is that the suit is pending since 2019 and he prayed that the same may be decided expeditiously.
4. From perusal of the order sheet, annexed as Annexure No. 3 to the petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid suit has not been decided.
5. No useful purpose would be served in keeping this petition Versus Counsel for Petitioner(s) : Ajai Kumar Singh, Bhoopendra Pratap Singh, Shiv Chand Yadav Counsel for Respondent(s) :
Mithilesh Tiwari And 2 Others .....Petitioner(s) Devi Prashad Tiwari .....Respondent(s)
pending.
6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (Avar Khand) Haveli, Azamgarh, to decide the aforesaid suit, in accordance with law, expeditiously, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment.
September 17, 2025 Nitika Sri. A227 No. 11158 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad