Hamid v. Sarju (Dead) and 7 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12691 of 2023 Petitioner :- Hamid Respondent :- Sarju (Dead) And 7 Others Counsel for Petitioner :- Chandra Prakash Misra,Prakash Sharma Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Chandra Prakash Misra, 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 Civil Judge (Jr. Div.), Kasya, Kushinagar to decide Suit No. 1762 of 1997 (Hamid versus Sarju) within the stipulated period of time fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 1997 and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Court below to conclude and decide the aforesaid Suit pending since 1997, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Jr. Div.), Kasya, Kushinagar since 1997, 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 Civil Judge (Jr. Div.), Kasya, Kushinagar, seized with the Suit No. 1762 of 1997 (Hamid versus Sarju) to consider and decide the case expeditiously, preferably within a period of one year from the date of production of certified copy of 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 :- 11.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad