Kedarnath Lakshmi Chand Dharmada Trust v. Shamiullah (Deceased) and 7 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 12071 of 2023 Petitioner :- Kedarnath Lakshmi Chand Dharmada Trust Respondent :- Shamiullah (Deceased) And 7 Others Counsel for Petitioner :- Arpit Agarwal,Akash Gupta 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 S.C.C. Suit No.126 of 2016 (Kedarnath Lakshmi Chand Vs. Shamiullah and others) expeditiously.

¶4The matter is pending before the Court below since 2016 and considerable time has already been lapsed but till date no final decision has been taken in the matter. It is argued that the proceedings is summary in nature.

¶5In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid suit strictly in accordance with law most expeditiously and preferably within a period of ten 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 :- 28.11.2023 saqlain High Court of Judicature at Allahabad