Smt. Sirtaja @ Phoolmata and Another v. Civil Judge (Junior Division) Haveli Faizabad and 2 Others

Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 5251 of 2023 Petitioner :- Smt. Sirtaja @ Phoolmata And Another Respondent :- Civil Judge (Junior Division) Haveli Faizabad And 2 Others Counsel for Petitioner :- Prashansa Singh,Amit Kumar Singh Hon'ble Saurabh Lavania,J. Heard learned counsel for the petitioners. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with. By means of this petition, the petitioners have sought the following main relief:- "[I] Direct the opposite party no. 1 i.e. Civil Judge (Junior Division) Haveli. Faizabad to decide the application No. 6-Ga-2 in Original Suit No. 881/2023 (Smt. Sirtaja @ Phoolmata and another Versus Matapher and another) on the date fixed i.e. on 25.10.2023 or within a time frame as stipulated by this Hon'ble Court." It is submitted that for the reasons beyond control of the petitioners, the application, in issue, has not been decided and on account of pendency of the same, the petitioners are suffering great hardship and mental agony. In these circumstances, indulgence of this Court is required in the matter. The prayer is to direct the Court concerned to consider and decide the pending application within the stipulated time by this Court. Considering the facts and circumstances of the case, this Court is of the view that no fruitful purpose will be served in keeping this petition pending. Accordingly, this petition is disposed of with a direction to the Court concerned to consider and decide the application, in issue, most expeditiously after affording full opportunity of hearing to the parties to the litigation and without granting any adjournment to either party if possible on the next date fixed in the case and if it is not possible, then within a period of two months from the next date fixed in the case, if there is no other legal impediment in this regard. It is made clear that the Court has not examined the case of either party on merits and the Court concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 16.10.2023 Arun/- High Court of Judicature at Allahabad, Lucknow Bench