Smt. Bittan Devi v. Smt. Suresh Kumari

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 11635 of 2023 Petitioner :- Smt. Bittan Devi Respondent :- Smt. Suresh Kumari Counsel for Petitioner :- Jitendra Narayan Tripathi Hon'ble Prakash Padia,J.

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

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶3The basic relief sought by the petitioner in the present petition under Article 227 of the Constitution of India is to direct the court below to decide Application Under Order VII Rule 11 C.PC. registered as Misc. Case No.305 of 2022 (Smt. Bittan Devi Vs. Smt. Sursh Kumari) arising out of Misc. Case No.17 of 1998 in Original Suit No.509 of 1988 expeditiously.

¶4The matter is pending before the Court below since 2022 and considerable time has already been lapsed but till date no final 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 Misc. Case No.305 of 2022 strictly in accordance with law expeditiously and preferably within a period of four months from the date of production of certified copy of this order but without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 17.11.2023 saqlain High Court of Judicature at Allahabad