Jamirullah v. Alimullah and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12160 of 2023 Petitioner :- Jamirullah Respondent :- Alimullah And Another Counsel for Petitioner :- Amit Kumar Singh Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Amit Kumar Singh, 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 (Junior Division), Basti to decide the restoration / Misc. Case No. 213 of 2015 (Jamirullah vs. Alimullah) in Civil Suit No. 804 of 2004 (Alimullah vs. Jamirullah and others), within a time frame fixed by this Court.

¶4Learned counsel for the petitioner submits that the Case is pending considering since 2015 and the purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Civil Judge (Junior Division), Basti, to conclude and decide the application filed under Order 9 Rule 13 C.P.C., pending since 2015, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Case, is pending consideration, before the Civil Judge (Junior Division), Basti since 2015, 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 (Junior Division), Basti, seized with the Case No. 213 of 2015 (Jamirullah vs. Alimullah) under Order 9 Rule 13 to consider and decide the case expeditiously, preferably within a period of three months, 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 /Bhanu High Court of Judicature at Allahabad