Purnima Jaisal v. Kanhaiyalal and 2 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 12608 of 2023 Petitioner :- Purnima Jaisal Respondent :- Kanhaiyalal And 2 Others Counsel for Petitioner :- Shaym Dhar Yadav,Dhirendra Kumar Srivastava Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondents to notice and keeping this petition pending before this Court. However, in case the respondents feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶3The basic relief sought by the petitioner in the present petition under Article 227 of the Constitution of India is to direct the court below to decide Original Suit No.1147 of 2022 (Purnima Jaisal Vs. Kanhaiya Lal and others) expeditiously.

¶4It is argued by counsel for the petitioner that the aforesaid suit was filed to declare the civil death of the husband of petitioner namely Santosh Kumar, who is not traceable for last more than seven years

¶5Since the suit was filed in the year 2022 normally in such kind of case orders could not be passed for expeditious disposal.

¶6However, in the facts and circumstances of the case present case, the present petition is disposed of directing the court concerned to decide the aforesaid suit expeditiously strictly in accordance with law and without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 8.12.2023 Pramod Tripathi High Court of Judicature at Allahabad