Smt. Sudha Srivastava v. Nand Lal and 5 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 11814 of 2023 Petitioner :- Smt. Sudha Srivastava Respondent :- Nand Lal And 5 Others Counsel for Petitioner :- Arun Kumar Gupta,Mukul Pandey,Saurabh Anand Mishra Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Arun Kumar Gupta, 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 Judge Small Cause Court, Varanasi, to decide the Original Suit No. 1070 of 2007 (Smt. Sudha Srivastava vs. Nand Lal and others), within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2007, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Judge Small Cause Court, Varanasi, to conclude and decide the Original Suit pending since 2007, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Suit, is pending consideration, before the Judge Small Cause Court, Varanasi, since 2007, 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 off by requiring the Judge Small Cause Court, Varanasi, seized with the Original Suit No. 1070 of 2007 ((Smt. Sudha Srivastava vs. Nand Lal and others) to consider and decide the case expeditiously, preferably within a period of one and half year, from the date of production of certified copy of the 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/v.k.updh. High Court of Judicature at Allahabad