Indrawati Devi v. Ashok Yadav and Another

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9623 of 2023 Petitioner :- Indrawati Devi Respondent :- Ashok Yadav And Another Counsel for Petitioner :- Ashish Kumar Hon'ble Jayant Banerji,J.

¶1Heard learned counsel for the petitioner.

¶2This petition has been filed by the defendant seeking the following relief:- "(a) To pass suitable order or direction, directing the Civil Judge (Senior Division) Maharajganj to decide the original suit No.597/2018 (Ashok Yadav Vs. Indrawati and another) for cancellation of the registered sale deed, within stipulated period which may be fixed by this Hon'ble court and further be pleased to direct the respondents to maintain status quo over the land in dispute and/or pass such other."

¶3It appears that the aforesaid suit was filed for seeking a decree for cancellation of a registered sale-deed.

¶4It is contended by the learned counsel for the petitioner that the examination-in-chief of the P.W.-1 was held on 03.03.2023 but for the past nearly eight months, the case is being adjourned without his cross-examination of being recorded due to the fact that the plaintiff is seeking adjournment time and again.

¶5Given the fact that the suit is of the year 2018 and the case is proceeding at the stage of evidence, no specific direction as sought for is required to be granted.

¶6However, it is expected that the trial court would proceed with the matter without granting any unnecessary adjournments to either of the parties, subject to availability of time and provided there is no legal impediment.

¶7The petition is, accordingly, disposed of. Order Date :- 5.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad