Smt. Lalti v. Arjun

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12709 of 2023 Petitioner :- Smt. Lalti Respondent :- Arjun Counsel for Petitioner :- Amzad Rza Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Amzad Rza, 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 for a direction to the Civil Judge (Jr. Div.), Gorakhpur to decide the Suit No. 508 of 2013 (Smt. Lalti versus Arjun) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2013 and is at the stage of cross examination of DW1 and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Court concerned 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, this Court is of the opinion that no useful purpose would be served by keeping the petition pending and the same is accordingly disposed of by requiring the Civil Judge (Jr. Div.), Gorakhpur, seized with the Original Suit No. Suit No. 508 of 2013 (Smt. Lalti versus Arjun) 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 :- 12.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad