Sangeeta Sharma and 2 Others v. Ashok Sharma and Another

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 7363 of 2023 Petitioner :- Sangeeta Sharma And 2 Others Respondent :- Ashok Sharma And Another Counsel for Petitioner :- Shantanu Hon'ble Jayant Banerji,J. Heard Mr. Raj Kumar Dhama (Advocate Roll No. A/R 0132/2012), holding brief of Sri Shantanu, learned counsel for the petitioners. This petition has been filed seeking the following relief:- "i. To direct the court of learned Civil Judge ( Senior division), Court No. 1, Meerut to decide the proceedings of Original Suit No. 480 of 2018 (Sangeeta Sharma & others V. Ashok Sharma & another) expeditiously within a stipulated period of time." A perusal of the plaint reveals that Original Suit No. 480 of 2018 was filed in the court of Civil Judge (Senior Division), Meerut on

2.7.2018 by the plaintiff-petitioners seeking a decree of partition and permanent injunction. It is stated that the plaintiffs and defendants are family members. It is further stated by the learned counsel that an application 51C is also pending before the trial court, which is yet to be decided despite the objection being filed by the defendants-respondent on 6.1.2023. In the facts and circumstances, though this Court is not inclined to grant prayer as sought for, however, it is expected that the trial court would proceed to adjudicate the matter, particularly the application 51C, if pending without granting any unnecessary adjournment to either of the parties, provided there is no legal impediment. This petition is, accordingly, disposed of. Order Date :- 7.11.2023 sfa/ (Jayant Banerji, J) High Court of Judicature at Allahabad