Nirmla Devi and Another v. Mohd Jabbar (Deceased) and 7 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12325 of 2023 Petitioner :- Nirmla Devi And Another Respondent :- Mohd Jabbar (Deceased) And 7 Others Counsel for Petitioner :- Dhananjay Kumar Mishra Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Dhananjay Kumar Mishra, learned counsel for the petitioners.

¶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 Additional Civil Judge (Junior Division)-II, Jaunpur, to expedite the Suit No. 54 of 1993 (Nirmala and another Vs. Mohd. Jabbar and others), expeditiously within stipulated period as may be fixed by the Hon'ble Court.

¶4Learned counsel for the petitioner submits that the Original Suit, bearing Original Suit No. 54 of 1993, is pending consideration before the Additional Civil Judge (Junior Division)-II, Jaunpur, and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to Additional Civil Judge (Junior Division)-II, Jaunpur, to conclude and decide the Suit pending since the year 1993, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Suit for permanent injunction, is pending consideration, before the Additional Civil Judge (Junior Division)-II, Jaunpur, is pending since 1993, 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 Additional Civil Judge (Junior Division)-II, Jaunpur, seized with the Original Suit No. 54 of 1993, to consider and decide the case expeditiously, preferably within a period of one year, from the date of production of a certified copy of order of this Court, strictly in accordance with law. Order Date :- 4.12.2023 Irshad High Court of Judicature at Allahabad