Manoj Kumar Jaiswal v. Nurul Hasan and 4 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 10936 of 2023 Petitioner :- Manoj Kumar Jaiswal Respondent :- Nurul Hasan And 4 Others Counsel for Petitioner :- Ram Sakal Yadav,Ram Bachan Yadav Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri R.S. Yadav, learned counsel for the petitioner.

¶2Considering the nature of the order that is 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 (Senior Division), Mau to decide the Civil Suit No. 231 of 2015 (Nurul Hasan and others vs. Manoj Kumar Jaiswal and others), within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2015, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Civil Judge (Senior Division), Mau to conclude and decide the Original Suit pending since 2015, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit is pending consideration before the Civil Judge (Senior Division), Mau since 2015, 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 off by requiring the Civil Judge (Senior Division), Mau, seized with the Civil Suit No. 231 of 2015 (Nurul Hasan and others vs. Manoj Kumar Jaiswal and others), to consider and decide the case expeditiously, preferably within a period of one year, from the date of production of a certified copy of the 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 :- 6.12.2023 Pkb/ High Court of Judicature at Allahabad