Babar Ali and Another v. Fariyad Ali

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12708 of 2023 Petitioner :- Babar Ali And Another Respondent :- Fariyad Ali Counsel for Petitioner :- Dharmendra Kumar Yadav Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Dharmendra Kumar Yadav, learned counsel for the petitioners.

¶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.), Gadhmukteshwar, Hapur to decided the Suit No. 47 of 2017 (Mukabbir Ali @ Photo versus Fariyad Ali) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2017 and general dates are being fixed just to linger on the case which has been pending for cross examination of the plaintiff witnesses. Learned counsel for the petitioner submits that during the pendency of the suit, petitioner No. 2 has expired. Learned counsel for the petitioner submits that purpose of filing present petition shall stands served if the appropriate directions are issued to the Court concerned to conclude and decide the Suit, 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.), Gadhmukteshwar, Hapur, seized with the Suit No. 47 of 2017 (Mukabbir Ali @ Photo versus Fariyad Ali) 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