Madan Mohan Singh v. Smt. Kusama Devi and 2 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9174 of 2023 Petitioner :- Madan Mohan Singh Respondent :- Smt. Kusama Devi And 2 Others Counsel for Petitioner :- Raghvendra Kumar Mishra Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following relief: "I-Issue a order or direction commanding the Civil Judge (Junior Division) Jalaun to disposal the O.S. No. 177/2021 titled as Madan Mohan Vs. Smt. Kusama Devi and others as expeditiously within 6 months. II-Issue a order or direction directing to respondents not to create third party interest, during the pendency of above mentioned suit pending in the court of Civil Judge (Junior Division), Jalaun."

¶3It appears that a suit for declaration, seeking voidance of the sale deed dated

6.12.2013 and of another sale deed dated 2.3.2021 was instituted by the plaintiff-petitioner.

¶4The contention of learned counsel for the petitioner is that the case is not being decided, therefore, a direction be issued to the court for disposal of the original suit expeditiously and within six months.

¶5From the record, it appears that the certified copy of the entire order-sheet has not been enclosed, and as such, it is not possible to evince the present stage of suit. However, learned counsel for the petitioner states that notice on the defendants was deemed sufficient by the court.

¶6If that be so, it is for the petitioner to move an application before the court concerned for expeditious disposal of the Original Suit No. 177 of 2021 (Madan Mohan Vs. Smt. Kusama Devi and others) that is stated to be pending in the court of Civil Judge (Junior Division), Jalaun. If such an application is filed, the trial court is required to consider the same expeditiously.

¶7This petition is, accordingly, disposed of. Order Date :- 23.11.2023 K.K.Tiwari (Jayant Banerji, J.) High Court of Judicature at Allahabad