Sri Gangaji Maharani Mandir Virajman v. Sri Narndra Kumar (Deceased) and Another

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7498 of 2023 Petitioner :- Sri Gangaji Maharani Mandir Virajman Respondent :- Sri Narndra Kumar (Deceased) And Another Counsel for Petitioner :- Suresh Chandra,Kanchan Ranjan Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief:- "i). Direct the District Judge, Hathras to decide the Revision No.18/2019 Sri Gangaji Maharani Mandir Virajman Ramlila Gali, Jawahar Bazar, Kasba Sadabad Vs. Sri Narendra Kumar & another, within stipulated period."

¶3It appears that an order dated 05.08.2019 passed in SCC Suit No.1 of 2012 was challenged in a revision under Section 25 of the Provincial Small Cause Courts Act, 1887, which was filed before the District Judge on 21.08.2019.

¶4Learned counsel for the petitioner has contended that on

18.02.2020, notice on the respondent no.1/1 was found to be sufficient. However, on 28.04.2023, it is stated by the learned counsel, the court directed the petitioner to take steps for service of notice on the respondent no.1/1 through publication in a newspaper which is circulated in an area where the respondent no.1/1 was said to be residing. It is stated that the revision is pending since 2019 and is not being decided. It has been stated that the petitioner had complied with the order dated 28.04.2023 but thereafter the opposite party did not appear before the court on the date fixed.

¶5If that be the case, it is for the the petitioner to move an appropriate application before the revisional court for proceeding with the case expeditiously. If such an application is filed, the same would be considered by the revisional court at its end.

¶6The petition is, accordingly, disposed of. Order Date :- 13.10.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad