Amarnath Singh And 7 Others vs Rumali And 6 Others
2022 Latest Caselaw 10668 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 6394 of 2022
 

 
Petitioner :- Amarnath Singh And 7 Others
 
Respondent :- Rumali And 6 Others
 
Counsel for Petitioner :- Anand Pal Singh,Harish Chandra Singh
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Harish Chandra Singh, learned counsel for the petitioners and perused the record.

Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the District Judge, Gorakhpur to decide the Civil Appeal No. 28 of 1996(Sri Feku and others vs. Smt. Rumali and others) within a stipulated time period.

It is submitted by learned counsel for the petitioners that the petitioners had filed suit for cancellation of will deed dated 23.6.1974 which was registered as Original Suit No.788 of 1981. The suit was dismissed by the Court below vide judgment and order dated 13.12.1995.The plaintiffs-petitioners had preferred Civil Appeal No.28 of 1996 before the District Judge on 11.1.1996 which is still pending for disposal. It is further submitted that on account of delaying tactics adopted by defendants-respondents, the civil appeal could not be decided and is pending since 1996.

Without going into merit of the case, it is appropriate that the above case be decided expeditiously.

In view of above, District Judge, Gorakhpur/Court concerned is directed to decide the Civil Appeal No. 28 of 1996(Sri Feku and others vs. Smt. Rumali and others) expeditiously, if possible within six months from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.

With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.

Order Date :- 18.8.2022

P.P.