Ram Pyare v. Lalpati and 3 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12492 of 2023 Petitioner :- Ram Pyare Respondent :- Lalpati And 3 Others Counsel for Petitioner :- Satya Prakash Singh Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Satya Prakash Singh, learned counsel for the petitioner.

¶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 7th, Allahabad, to decide the Suit No. 1943 of 2003 (Ram Pyare vs. Lalpati), within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2003, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Additional Civil Judge 7th, Allahabad, to conclude and decide the Suit pending since 2003, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Suit, is pending consideration, before the Additional Civil Judge 7th, Allahabad, since 2003, 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 7th, Allahabad, seized with the Suit No. 1943 of 2003 (Ram Pyare vs. Lalpati) to consider and decide the case expeditiously, preferably within a period of one year, 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 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 :- 7.12.2023 Deepak/ High Court of Judicature at Allahabad