Gaurishankar Prasad v. Vijay Shankar Prasad and 5 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 10937 of 2023 Petitioner :- Gaurishankar Prasad Respondent :- Vijay Shankar Prasad And 5 Others Counsel for Petitioner :- Anil Kumar Ray Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Anil Kumar Ray, 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 (Junior Division), Eastern, Ballia to decide the Original Suit No. 597 of 2015 (Gaurishankar Prasad vs. Vijay Shankar Prasad & 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 (Junior Division), Eastern, Ballia 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 (Junior Division), Eastern, Ballia 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 (Junior Division), Eastern, Ballia, seized with the Original Suit No. 597 of 2015 (Gaurishankar Prasad vs. Vijay Shankar Prasad & others), to consider and decide the case expeditiously, preferably within a period of Ten months, 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