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2025 DAILYLAW 97665 (ALL)

LILAWATI DEVI (DIED) AND ANOTHER v. JHAABER KUMAR

A227/11384/2025 · 2025-09-18

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11384 of 2025 Court No. - 9 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: "I. Issue a suitable order or direction to the Civil Judge (J.D.) Rasra, District Ballia to decide the Substitution application (paper no. 26Ka) filed on 10.11.2023 in Civil Suit No.891of 2020, CNR NO.UPBL060013722020 (Jhaabar Versus Lilawati) within specific Period which may fix by Hon'ble court, otherwise the applicant would suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that substitution application is pending since 2023 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 (J.D.) Rasra, District Ballia to consider and decide the aforementioned substitution application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy Versus Counsel for Petitioner(s) : Deo Prakash Singh, Manoj Kumar Singh Counsel for Respondent(s) : Lilawati Devi (Died) And Another .....Petitioner(s) Jhaaber Kumar .....Respondent(s) 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. September 19, 2025 S. Singh A227 No. 11384 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad