Kishan Ram and Another v. Smt. Fekana Devi and 2 Others

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12551 of 2023 Petitioner :- Kishan Ram And Another Respondent :- Smt. Fekana Devi And 2 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Shiv Poojan Yadav Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Satyendra Chandra Tripathi, learned counsel for the petitioners.

¶2Considering the nature of the order that is proposed to be passed, the notice upon respondent -opposite parties are being dispensed with.

¶3The present petition under Article 227 of the Constitution of India has been filed for a direction to the Civil Judge (Junior Division) Court No. 8, Varanasi, to decide the Original Suit No. 1079 of 2022 (Kishan Ram Vs. Smt. Fekana Devi), within a time frame fixed by the Court.

¶4Learned counsel for the plaintiffs -petitioners during the course of argument has confined the relief for a direction to the court concerned to frame the issues in the suit so as to facilitate its progress.

¶5In order to buttress his submission, learned counsel for the defendant-petitioner has invited the attention of this Court to the order-sheet of the proceedings brought on record, as Annexure no. 2 to the petition, particularly, the order dated 17.08.2022, to show that the service upon the defendants has been held to be sufficient thereafter the case was fixed for framing of the issues. He submits that several dates thereafter, have been fixed for the purpose of framing of the issues, but the issues have not been framed till date.

¶6Under such circumstances, the prayer for appropriate direction to the court concerned has been prayed for.

¶7Having heard learned counsel for the petitioner and having perused the record, particularly to the various orders passed by the learned Civil Judge (Junior Division) Court No. 8, Varanasi, this Court find that the proceedings of the suit are unnecessarily been lingered for framing of the issues.

¶8In these circumstances, the Court is of the opinion that the petition can be disposed off by issuing appropriate direction to the court concerned to frame the issues and thereafter, proceed to invite evidence of the parties. Accordingly the petition is disposed off by requiring the Civil Judge (Junior Division) Court No. 8, Varanasi, seized with the proceedings of the Original Suit No. 1079 of 2022 (Kishan Ram Vs. Smt. Fekana Devi), to frame the issues expeditiously preferably on the next date fixed or within next three months from the date of service of certified copy of order of this Court to facilitate the progress of the suit.

¶9With the aforesaid condition the writ petition is disposed off. Order Date :- 15.12.2023 Deepak/ High Court of Judicature at Allahabad