Smt.Usha Devi And Another vs The Learned Civil Judge (Junior ...
2023 Latest Caselaw 3119 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 405 of 2023
 

 
Petitioner :- Smt.Usha Devi And Another
 
Respondent :- The Learned Civil Judge (Junior Division)/ Ftc New Gonda And 3 Others
 
Counsel for Petitioner :- Alok Kr. Misra
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with.

Petition has been filed under Article 227 of the Constitution of India seeking a direction to court concerned for expeditious disposal of Regular Suit No.62 of 1985 in re : Misc. Case No.1 of 1988 pertaining to partition filed by the predecessor in interest of petitioners. It is submitted that initially the aforesaid suit was dismissed vide judgment and decree dated 03.04.1986 but was reversed in First Appeal No.59 of 1986 by means of judgment and order dated 28.01.1987 whereafter Second Appeal No.250 of 1987 was filed and was dismissed vide judgment and order dated 09.01.2019. It is submitted that even by interim order passed in second appellate proceedings, the trial court proceedings were directed to continue and in pursuance of which preliminary decree was also issued as is evidenced by order dated 31.08.2019. It is submitted that at present due to disposal of second appeal, only final decree is required to be passed.

Considering the submissions advanced by learned counsel for petitioner and upon perusal of material on record, it appears that a Partition Suit had been filed by predecessor in interest of petitioners which although initially dismissed was reversed in first appeal, which was upheld in second appeal. During aforesaid proceedings, preliminary decree has also been made and now as per submissions only final decree is required to be made.

In view of aforesaid, Civil Judge (Junior Division)/ FTC (New), Gonda is directed to expedite hearing and finalization of Regular Suit No.62 of 1985 (Raj Kishore v. Raj Narain & others) expeditiously, preferably within a period of one year from the date a certified copy of this order is brought on record of the proceedings, in case there is no other legal impediment.

Benefit of this order shall be available to petitioners only in case they cooperate in early disposal of the proceedings.

With aforesaid observations, the writ petition stands disposed of.

Order Date :- 30.1.2023

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