Bholanath v. Janardan Prasad Pathak and 27 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11044 of 2023 Petitioner :- Bholanath Respondent :- Janardan Prasad Pathak And 27 Others Counsel for Petitioner :- Anjali Singh Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2The basic relief sought by the petitioner in the present petition filed under Article 227 of the Constitution of India is to direct the court below to decide the Original Suit No.259 of 1992 (Raj Kumar Devi Vs. Hari Prasad and others) expeditiously.

¶3In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondent(s) to notice and keeping this petition pending before this Court. However, in case the respondent(s) feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶4It is argued by counsel for the petitioner that the matter is pending consideration since 1992 but no decision has been taken in the matter.

¶5In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid suit strictly in accordance with law most expeditiously and preferably within a period of ten months unless there is no legal impediment.

¶6It is made clear that the court below will not grant any unnecessarily adjournment. Order Date :- 6.11.2023 Pramod Tripathi High Court of Judicature at Allahabad