Ram Saran vs Fulehari Devi (Deceased) And 2 ...
2023 Latest Caselaw 8650 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 1913 of 2023
 

 
Petitioner :- Ram Saran
 
Respondent :- Fulehari Devi (Deceased) And 2 Others
 
Counsel for Petitioner :- Vijay Kumar Pandey,Avadhesh Singh
 
Counsel for Respondent :- Jawahir Yadav
 
With 
 
Case :- MATTERS UNDER ARTICLE 227 No. - 2025 of 2023
 

 
Petitioner :- Ram Saran
 
Respondent :- Fulehari Devi (Deceased) And 2 Others
 
Counsel for Petitioner :- Avadhesh Singh,Vijay Kumar Pandey
 
Counsel for Respondent :- Jawahir Yadav
 

 

 
Hon'ble Prakash Padia,J. 

Since controversy involved in both the petitions are identical and they have arisen out of the same order, therefore, both the petitions are decided by this Common Judgement/Order.

Heard Sri Avadhesh Singh, learned counsel for the petitioner and Sri Jawahir Yadav, learned counsel for respondent.

The petitioner has preferred the present petition under Article 227 of the Constitution of India with the prayer to set aside the impugned judgment and order dated 21.12.2022 passed by Additional District and Sessions Judge, Fast Track, Court No. 1, Azamgarh in Civil Revision No. 100057 of 2018 (Ram Chander Vs. Ram Charan and another) arising out of the Misc. Case No. 85 of 2014 (Fulehari Devi Vs. Ram, Chander) order dated 12.08.2018 passed by Civil Judge (Junior Division) Hawali, Azamgarh.

Facts in brief as contained in the petition are that the plaintiff-petitioner filed Original Suit No.154 of 2005 in the Court of Civil Judge (Junior Division) Mohammadabad Azamgarh and the said suit was ex-parte allowed by the trial Court vide its judgement and order dated 03.10.2008. Aggrieved aginast the aforesaid order, Fulehari Devi along with Ram Chander filed an application under Order 9 Rule 13 C.P.C. which was numbered as Misc. Case No.85 of 2014. Objections have been filed by the plaintiff-petitioner and the trial Court after hearing the parties rejected the aforesaid application vide its judgement and order dated 12.08.2018. Aggrieved with the aforesaid order, Ram Chander filed Civil Revision No.100057 of of 2018 in the Court of District Judge, Azamgarh. After hearing learned counsel for the parties, the Additional District and Sessions Judge Fast Track Court No.1 Azamgarh allowed the aforesaid revision vide its judgement and order dated 21.12.2022. Aggrieved against the aforesaid order, the petitioner has preferred the present petition.

It is argued by learned counsel for the petitioner that the order passed by the Revisional Court is absolutely illegal and liable to set aside.

After some arguments, learned counsel for the petitioner confined his prayer to direct the Court below to decide the aforesaid suit which is pending since 2005.

This prayer has not been opposed by the learned counsel for the respondents.

Heard learned counsel for the parties

With consent of learned counsel for the parties and without interfering with the order dated 21.12.2022 and order dated 12.08.2018, the present petition is disposed of directing the Court below to decide the aforesaid suit strictly in accordance with law expeditiously and positively within a period of one year by fixing short dates from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned, if there is no legal impediment.

Order Date :- 23.3.2023

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