Mohd.Illiyas (Since Deceased) and 6 Others v. Uday Singh (Since Deceased) and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12276 of 2023 Petitioner :- Mohd.Illiyas (Since Deceased) And 6 Others Respondent :- Uday Singh (Since Deceased) And Another Counsel for Petitioner :- Ravindra Kumar Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Ravindra Kumar, 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 (Jr.Div.), Mawana, Meerut to decide the Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2010 and many dates in this case has been fixed for filing written statement, but the same has not been filed till date. Learned counsel for the petitioner submits that purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Court concerned to conclude and decide the Original Suit pending since 2010, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Jr.Div.), Mawana, Meerut is pending since 2010, 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 (Jr.Div.), Mawana, Meerut, seized with the Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another) 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, without granting unnecessary adjournments to either of the parties, following the directions passed by Hon'ble Supreme Court in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others) decided on 20.10.2023, contained in Paragraph 2 of the operative part of the order. Order Date :- 2.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad