Disposed
Manmohan Nath Dubey v. Vinod Dubey and 3 Others
Allahabad HCA227/414/2019
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from the order text
What is this about?
Case :- MATTERS UNDER ARTICLE 227 No. - 414…
What the court decided
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Case :- MATTERS UNDER ARTICLE 227 No. - 414…
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 414 of 2019
Petitioner :- Manmohan Nath Dubey Respondent :- Vinod Dubey And 3 Others Counsel for Petitioner :- Narendra Mohan
Hon'ble Mrs. Sunita Agarwal,J.
The prayer in the present petition is to issue direction to the court below to expedite the proceedings of Original Suit No.773 of 2013 (Manmohan Nath Dubey v. Vinod Dubey & Ors.) (new Original Suit No.526 of 2016) with the assertion that a partition suit namely the Original Suit No.880 of 2013 (now Original Suit No.525 of 2016) between the same parties in relation to another suit property is pending before the Civil Judge, (Senior Division), Moradabad i.e. the same Court.
Submission is that the instant suit has been filed for relief of declaration and injunction by a person who is 91 years old who is party in the partition suit. In another petition arising out of the proceedings in the said partition suit, this Court has already issued a direction to the trial court to decide the said suit preferably within eight months.
Noticing the said fact, without expressing any opinion as to the merits of the claim made by the petitioner, the proceedings of the present suit is also being expedited, issuing a direction to the Civil Judge, (Senior Division), Moradabad to make an endeavour to decide the Original Suit No.773 of 2013 (Manmohan Nath Dubey v. Vinod Dubey & Ors.) (new Original Suit No.526 of 2016), as expeditiously as possible, preferably, within a period of eight months from the date of submission of certified copy of this order, without granting any unnecessary adjournment to any of the parties.
The present petition is, accordingly, disposed of .
O rder Date :- 15.2.2019 Jyotsana
Manmohan Nath Dubey
Vinod Dubey & 3 Others
Sunita Agarwal
As recorded by the court registry
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