Disposed

Smt. Sushila Srivastava v. Civil Judge , Senior Division (S.D.) Court NO.-1, Varanasiand Another

Allahabad HC2 Jul 2018A227/4083/2018

Case brief

AI extract

What is this about?

In this Article 227 petition, the High Court directed the Civil Judge to expedite proceedings to prepare the final decree in an old partition suit. The court directed a decision within six months and imposed costs for unnecessary adjournments, without expressing an opinion on the merits.

What did the court decide?

Direction to the Civil Court to expedite the proceeding and declare the final decree within six months, with a warning of costs for unnecessary adjournments.

Smt. Sushila Srivastava Vs Civil Judge , Senior Division (S.D.)… — Partition | Allahabad HC (2018)

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Court No. - 36

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Case :- MATTERS UNDER ARTICLE 227 No. - 4083 of 2018

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Petitioner :- Smt. Sushila Srivastava Respondent :- Civil Judge , Senior Division (S.D.) Court No.-1, Varanasiand Another Counsel for Petitioner :- Surendra Nath Yadav

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Hon'ble Mrs. Sunita Agarwal,J.

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Heard learned counsel for the petitioners.

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The prayer made in the present petition is to expedite the proceeding of Misc. Case No. 67 of 2013 (Sushila Srivastava vs. Ram Mohan and others) for preparation of final decree in partition suit namely Original Suit No. 155 of 2002 (Sushila Srivastava vs. Ram Mohan and others).

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The submission of learned counsel for the petitioner that the preliminary decree passed on 29.8.2006 has become final between the parties and for a period of more than 12 years, 'Kurras' have not been prepared so as to prepare final decree of partition.

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With reference to the order-sheet, it is demonstrated by the learned counsel for the petitioner that the opposite party namely the defendant is taking adjournment in the matter and is not cooperating in preparation of 'Kurras' and the final decree.

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Having gone through the order-sheet, without expressing any opinion on the merits of the claim of the petitioner, the present petition is being disposed of with the direction to the Civil Judge (Senior Division), Court No. 1, Varanasi to expedite the proceeding of Misc. Case No. 67 of 2013 (Sushila Srivastava vs. Ram Mohan and others) arising out of Original Suit No. 155 of 2002 (Sushila Srivastava vs. Ram Mohan and others) and make an endeavour to declare the final decree, expeditiously, preferably within a period of six months from the date of submission of certified copy of this order.

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It goes without saying that no unnecessary adjournments would be granted to either of the parties and in case of any such adjournment, appropriate cost shall be imposed for each date upon the party concerned.

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With the above observations and directions, the present petition under Article 227 of the Constitution of India is disposed of .

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Order Date :- 2.7.2018 Brijesh

Smt. Sushila Srivastava v. Civil Judge , Senior Division (S.D.) Court NO.-1, Varanasiand Another

Case brief

What is this about?

What did the court decide?

Smt. Sushila Srivastava v. Civil Judge , Senior Division (S.D.) Court NO.-1, Varanasiand Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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