Smt Jaspal Kaur And Another vs Laxmi Dutta Tiwari And 9 Others
2023 Latest Caselaw 17533 ALL

Citation : 2023 Latest Caselaw 17533 ALL
Judgement Date : 14 July, 2023

Allahabad High Court

Smt Jaspal Kaur And Another vs Laxmi Dutta Tiwari And 9 Others on 14 July, 2023

Bench: Prakash Padia





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:139707
 
Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7389 of 2023
 

 
Petitioner :- Smt Jaspal Kaur And Another
 
Respondent :- Laxmi Dutta Tiwari And 9 Others
 
Counsel for Petitioner :- Mohd. Saleem Khan
 

 
Hon'ble Prakash Padia,J.

1. Heard learned counsel for the petitioners and perused the record.

2. The basic relief sought by the petitioner in the present petition filed under Article 227 of the Constitution of India is to direct the court below to decide SCC Suit No. 20 of 1999, within stipulated period.

3. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondents to notice and keeping this petition pending before this Court. However, in case the respondents feels aggrieved by the order their right to seek modification/variation of the order is being kept reserved.

4. It is also clear from perusal of the order sheet dated 01.08.2022 that after hearing counsel for the parties the dated for delivery of judgment was fixed as 11.08.2022 but on that date the judgment could not be pronounced and matter was put up for further hearing. It is unfortunate that case in question filed in the year 1999 which is pending even today. More than 23 years has lapsed but till date no decision has been taken.

5. In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid suit strictly in accordance with law most expeditiously and preferably within a period of three months from today but without granting any unnecessary adjournment unless there is no legal impediment.

6. Registrar (Compliance) is directed to communicate the copy of this order to the Additional District Judge, Court No. 2, Hathras or before whom the aforesaid matter is pending through District Judge, Hathras within a week.

Order Date :- 14.7.2023

Swati