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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34328 of 2026 Court No. - 4 HON'BLE KSHITIJ SHAILENDRA, J.
1. Heard Shri Vishveshwar Mani Tripathi, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Sudhir Bharti, learned counsel for the respondent-Gaon Sabha.
2. This petition has been filed seeking expeditious disposal of Case No.4653 of 2022 (Computerized Case No.T202205200104653) (Durga Prasad Mishra v. Sandhya Mishra and others), under Section 144 of the U.P. Revenue Code, 2006.
3. Record reflects that there are two private defendants in the suit, apart from the State of U.P. and Goan Sabha.
4. Both the private respondents have filed joint written statement and the matter is posted for evidence.
5. Order sheet further reflects that since 2022, lawyers have remained on strike on most of the dates.
6. The very fact that lawyers are not cooperating with the proceedings may not cause prejudice to the cause of justice and litigants cannot be made to suffer on account of such strike, which otherwise, has successively been held illegal by the Hon'ble Supreme Court as well as by this Court.
7. In view of the above fact situation, this petition is disposed of with the following directions:- Versus Counsel for Petitioner(s) : Vishveshwar Mani Tripathi Counsel for Respondent(s) : C.S.C., Sudhir Bharti Durga Prasad Mishra .....Petitioner(s) State of U.P. and 5 others .....Respondent(s)
(a). The officer concerned shall fix dates on weekly basis in the aforesaid case; (b). Irrespective of the strike by lawyers, he will proceed to ensure appearance of the parties to the suit by due intimation either through process of the Court or through counsel for the parties; (c). Evidence of witnesses shall be recorded and, in case, lawyers are not inclined to cross-examine the witnesses, opportunity to cross-examine shall stand closed; (d). The matter shall be finally decided, in accordance with law, within a period of three months from the date a copy of this order is filed before the Court concerned. September 8, 2026 Jyotsana WRIC No. 34328 of 2026 2 (Kshitij Shailendra,J.) Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad