Smt. Sushila Chaubey v. Ravi Shankar Singh and 2 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 10364 of 2023 Petitioner :- Smt. Sushila Chaubey Respondent :- Ravi Shankar Singh And 2 Others Counsel for Petitioner :- Pramod Pathak Hon'ble Jayant Banerji,J.

1.Heard learned counsel for the petitioner.

¶2This petition has been filed seeking the following reliefs:- "(i) Direct the Addl. Civil Judge (S.D.)/F.T.C., Varanasi to decide the Original Suit No. 1440 of 2012 (Ravi Shankar Singh and Others Vs. Smt. Sushila Chaubery) within a particular time.

(ii) Issue a suitable order or direction as this Hon'ble Court may deem fit and proper under this circumstances of the case."

¶3It appears from the record that original Suit No. 1440 of 2012 was filed by the plaintiff/respondents against the defendant/petitioner seeking a decree for rectification of the sale deed dated 09.07.2009, however learned counsel for the petitioner has not been able to state that when was the written statement filed.

¶3It appears from perusal of the order sheet that even the issues are yet to be framed.

4.Under the circumstances, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the suit is more than 11 years old, this Court requires the trial court to ensure that the suit proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is no legal impediment in proceeding further and all the parties are duly served with notice of the proceeding.

¶5The petition is, accordingly, disposed of. Order Date :- 8.12.2023 Vibha (Jayant Banerji,J.) High Court of Judicature at Allahabad