Satish and Another v. Smt. Ganga Devi

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9048 of 2023 Petitioner :- Satish And Another Respondent :- Smt. Ganga Devi Counsel for Petitioner :- Pradeep Kumar,Piyush Patel Hon'ble Jayant Banerji,J.

¶1Heard Shri Pradeep Kumar VI, learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief: "(i) issue a order to direct to the learned Civil Judge (J/D), Maharajganj to decide the original suit no. 745 of 2016 (Smt. Sukhla Devi Vs. Ganga Devi), pending before the court of learned Civil Judge (J/D), Maharajganj, within stipulated period fixed by this Hon'ble Court."

¶3The array of the parties in this petition is as under: "1. Satish son of Vipat @ Vipatti,

¶2Smt. Sulkha Devi wife of late Vipat @ Vipatti, Resident of Village & Post-Savergi, Tappa-Kathara, Pargana-Haveli, Tehsil-Sadar, District Maharajganj. .......... Petitioner/plaintiff. Smt. Ganga Devi wife of Ajay Kumar Gupta, Resident of Mohalla-Rajiv Nagar, Nagar Palika Parishad, Maharajganj, Tappa-Kathara, Pargana-Haveli, Tehsil-Sadar, District Maharajganj. ......... Respondent/defendant."

¶4A perusal of the plaint that is enclosed as Annexure No. 1 to the petition reflects that the aforementioned petitioner no. 1, Satish is not a party in the suit yet he has filed this petition seeking the aforesaid relief. The aforesaid suit has been filed seeking a relief of cancellation of a gift deed dated 18.1.2016. The certified copy of the order-sheet has not been enclosed that would evince the stage of the suit. Moreover, this petition has also been filed by the petitioner no. 1, who is evidently not a party in the aforesaid suit.

¶5No direction as sought for can be granted. This petition is, therefore, dismissed.

¶6Registrar (Compliance) is directed to communicate this order to the court concerned within a period of fifteen days from today for its record. Order Date :- 21.11.2023 A. V. Singh (Jayant Banerji, J.) High Court of Judicature at Allahabad