Rukmini Sewak Rai (Deceased) and 5 Others v. Raj Narayan Rai and Another

Court No. - 44 Case :- MATTERS UNDER ARTICLE 227 No. - 12647 of 2023 Petitioner :- Rukmini Sewak Rai (Deceased) And 5 Others Respondent :- Raj Narayan Rai And Another Counsel for Petitioner :- Dharmaveer Singh,Shivendra Nath Singh Hon'ble Ashutosh Srivastava,J.

¶1Heard Shri Dharamveer Singh, 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 (Junior Division), Mau, to decide the Original Suit No. 993 of 2001 (Rukmini Sewak Rai vs. Raj Nandan Rai and another), within the time stipulated by this Court.

¶4Learned counsel for the petitioner submits that the Suit is pending consideration since the year 2001, and the purpose of filing present petition shall stands served if the appropriate directions are issued to the Civil Judge (Junior Division), Mau, to conclude and decide the Original Suit pending since 2001, within the time frame fixed by this Court.

¶5Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Junior Division), Mau, since 2001, 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 Civil Judge (Junior Division), Mau, seized with the Original Suit No. 993 of 2001 (Rukmini Sewak Rai vs. Raj Nandan Rai and another), to consider and decide the case expeditiously, preferably within a period of six months, 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 :- 15.12.2023 Deepak/ High Court of Judicature at Allahabad