Paras Nath v. Ramashankar and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11788 of 2023 Petitioner :- Paras Nath Respondent :- Ramashankar And Another Counsel for Petitioner :- Pramod Kumar Vishwakarma Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Pramod Kumar Vishwakarma, 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 Civil Judge (Sr.Div.), Jaunpur to decide the Suit No. 166 of 1998 (Ramashanker versus Ram Lakhan and others) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that petitioner is 70 years old person. Learned counsel for the petitioner submits that petitioner/defendant has filed written statement on 17.5.2005 and the case is at the stage of cross examination of PW-1.

¶5Learned counsel for the petitioner submits that the suit is pending considering since 1998 and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Court concerned to conclude and decide the Suit No. 166 of 1998, within the time frame fixed by this Court.

¶6Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Sr.Div.), Jaunpur is pending since 1998, 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 Civil Judge (Sr.Div.), Jaunpur, seized with the Suit No. 166 of 1998 (Ramashanker versus Ram Lakhan and others) to consider and decide the case expeditiously, preferably within a period of one year from the date of production of certified copy of order of this Court, strictly in accordance with law. Order Date :- 30.11.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad