Vishwamitra Ram Tripathi v. Smt Shakuntala and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 10941 of 2023 Petitioner :- Vishwamitra Ram Tripathi Respondent :- Smt Shakuntala And Another Counsel for Petitioner :- Kartikey Pandey,Avinash Kumar Chaubey Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Avinash Kumar Chaubey, learned counsel for the petitioner.

¶2Considering the nature of the order that is proposed to be passed notice upon the private respondents is being dispensed with.

¶3Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Senior Division), Basti to decide the O.S. No. 331 of 2013 (Vashishta Ram Tripathi vs. Smt. Shakuntala Devi and others), within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2013, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Civil Judge (Senior Division), Basti, to conclude and decide the Original Suit pending since 2013, 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), Basti since 2013, 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), Basti, seized with the Original Suit No. 331 of 2013 (Vashishta Ram Tripathi vs. Smt. Shakuntala Devi and others), to consider and decide the case expeditiously, preferably within a period of ten months, from the date of production of 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 the Apex 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 /Bhanu High Court of Judicature at Allahabad