Rajendra Prasad @ Rajendra Bahadur Singh v. Amar Bahadur (Since Deceased) and 17 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 10933 of 2023 Petitioner :- Rajendra Prasad @ Rajendra Bahadur Singh Respondent :- Amar Bahadur (Since Deceased) And 17 Others Counsel for Petitioner :- Ashish Kumar,Gaurang Kulshreshtha Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Ashish Kumar, 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 (Sr.Div.), Fast Track Court, Varanasi to consider and decide the Original Suit No. 194 of 2008 (Amar Bahadur Singh versus Samar Bahadur Singh) within the time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending considering since 2008. Learned counsel for the petitioner submits that petitioner/defendants have put in appearance and filed their written statement way back on 11.3.2013 and issues in this case were framed on 10.4.2013, but till date the same has not been decided and several dates in this case has been fixed for cross examination of witnesses. 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 Original Suit pending since 2008, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration since 2008, this Court is also 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 (Sr.Div.), Fast Track Court, Varanasi, seized with the Original Suit No. 194 of 2008 (Amar Bahadur Singh versus Samar Bahadur Singh) 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 :- 13.12.2023 Ravi Prakash (Ashutosh Srivastava, J.) High Court of Judicature at Allahabad