Smt. Sunita Devi vs Charan Singh And Another
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Allahabad High Court

Smt. Sunita Devi vs Charan Singh And Another on 2 January, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:478
 
Court No. - 52
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 10229 of 2023
 
Petitioner :- Smt. Sunita Devi
 
Respondent :- Charan Singh And Another
 
Counsel for Petitioner :- Rishi Kesh Malviya,Aishwarya Pratap Singh
 

 
Hon'ble Manish Kumar Nigam,J.
 

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

2. This writ petition has been filed seeking following relief :-

"Issue an order or direction directing the learned court to decide the Original Suit No.56 of 2022 (Smt. Sunita Devi Vs. Charan Singh and another), pending before Court of learned Civil Judge (J.D.), Hathras, within a time bound period as may be stipulate by this Hon'ble Court."

3. From the perusal of the order sheet, it appears that the defendant in the suit has appeared and last opportunity was granted to the defendant to file the written statement.

4. Prayer so made in this writ petition is that a direction be issued to the Court below to decide the aforesaid suit within the time framed as may be fixed by this Court.

5. In view of the fact that even Written Statement has not yet been filed by the defendant, no such direction can be issued in view of the judgment of this Court passed in the case of Ali Shad Usmani vs. Ali Isteba; 2015 (2) ADJ 250 (DB).

6. Accordingly, the present writ petition is disposed of finally, at this stage, with liberty to the petitioner to move an appropriate application for expeditious disposal of the aforesaid suit before the Court concerned i.e. Civil Judge (J.D.), Hathras, in accordance with law and in case such an application is moved, the Civil Judge (J.D.), Hathras, shall pass an appropriate orders within reasonable time.

Order Date :- 2.1.2024

Rishabh

[Manish Kumar Nigam, J.]