Gyanti Singh vs Akhilesh Kumar Singh And 6 Others
2023 Latest Caselaw 23293 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:171254
 
Court No. - 1
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3184 of 2023
 

 
Petitioner :- Gyanti Singh
 
Respondent :- Akhilesh Kumar Singh And 6 Others
 
Counsel for Petitioner :- Anand Kumar Singh,Mahesh Kumar
 
Counsel for Respondent :- Umesh Vats,Sheetendra Kumar Mishra
 

 
Hon'ble Jayant Banerji,J.

1. Heard Shri Anand Kumar Singh, learned counsel for the petitioner and Shri Umesh Vats, learned counsel for the respondents.

2. This petition has been filed seeking the following relief:

"I. Order or direction to the learned Additional District Judge-III, Jaunpur to decide the Appeal No.81 of 2017 (Akhilesh Kumar Singh Vs. Gyanti Singh & Others) filed u/s 96 of CPC within a reasonable time frame."

3. It appears that an original suit No. 604 of 2003 was filed by the plaintiff-petitioner seeking a relief of possession of the disputed property or, failing which, refund of the amount of the sale deed and compensation. The suit came to be decreed pursuant to a judgment and order dated 17.10.2017, against which the defendant-respondent No. 1 filed a Civil Appeal No. 81 of 2017.

4. Given the nature of the relief sought in this petition, it would not be appropriate to issue any specific direction upon the court concerned. However, considering that the appeal is more than five years old, this Court requires the appellate court to ensure that the proceedings are brought to its logical conclusion, without entertaining unnecessary adjournments from the parties, in case there is no legal impediment in proceeding further and all the parties are duly served with notice of the proceeding.

5. With the aforesaid observation, the petition is disposed of.

Order Date :- 24.8.2023

K.K.Tiwari

(Jayant Banerji, J.)