Pankaj Kumar v. Arvind Phooley and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 627 of 2020 Petitioner :- Pankaj Kumar Respondent :- Arvind Phooley And Another Counsel for Petitioner :- Dinesh Kumar Singh Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Dinesh Kumar Singh, learned counsel for the petitioner.

¶2Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the learned Civil Judge (Jr.Div.), Robertsganj, Sonbhadra to decide the Suit No. 425 of 2016 (Pankaj Kumar versus Arvind Phooley and another) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that plaintiff/petitioner instituted a suit, being Suit No. 425 of 2016 for cancellation of registered will deed dated 22.3.2014. Learned counsel for the petitioner submits that despite sufficient service of notice, defendant did not appear and the suit was proceeded exparte on 11.4.2017. When the suit was at the stage of recording evidence of PW-2, the defendant No. 1 has put in appearance and filed an application for recall of the order dated 11.4.2017. Thereafter vide order dated 27.7.2019 the exparte order dated

11.4.2017 was recalled. Learned counsel for the petitioner submits that suit has been filed on 17.9.2016 and the same is still pending consideration. Learned counsel for the petitioner submits that the purpose of filing present writ petition shall stands served if the appropriate directions are issued to learned Civil Judge (Jr.Div.), Robertsganj, Sonbhadra to conclude and decide the Original Suit pending since 17.9.2016, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit for permanent injunction, is pending consideration, before learned Civil Judge (Jr.Div.), Robertsganj, Sonbhadra is pending since

17.9.2016, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the learned Civil Judge (Jr.Div.), Robertsganj, Sonbhadra, seized with the Original Suit No. 425 of 2016 (Pankaj Kumar versus Arvind Phooley and another) to consider and decide the case expeditiously, preferably within a period of one years from the date of production of certified copy of order of this Court, strictly in accordance with law. Order Date :- 23.11.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad