The High Court directed the Civil Judge, Deoria, to decide a pending suit for cancellation of will filed in 2012 expeditively within one year, citing delays by the defendants.
Directed the Civil Judge, Court No.18, Deoria to decide the suit within one year from the date of production of this order without unnecessary adjournments.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 11807 of 2022
Petitioner :- Dharmveer Tiwari Respondent :- Ramesh Chandra And 2 Others Counsel for Petitioner :- Brijesh Kumar Mishra
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed seeking a direction to the Civil Judge(Senior Division), Court No.18, Deoria to decide the Suit No.439 of 2012(Rama Shankar vs. Ramesh Chandra) within a stipulated time period.
It is submitted by learned counsel for the petitioner that the suit was filed by Rama Shankar in the year 2012 for cancellation of will deed and on his death, the petitioner was substituted as his legal heir. It is further submitted that the defendant-respondents had put in appearance and filed written statement. Issues had been framed on 10.7.2012 but on account of delaying tactics adopted by the defendants-respondents, the aforesaid suit could not be decided and is pending since 2012.
Without going into merit of the case, it is appropriate that the above suit be decided expeditiously.
In view of above, Civil Judge(Senior Division), Court No.18, Deoria/Court concerned is directed to decide the aforesaid suit expeditiously, if possible within one year from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition under Article 227 of the Constitution of India is finally disposed of.
Order Date :- 19.12.2022 P.P.
Digitally signed by POONAM PATEL Date: 2022.12.20 16:20:55 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the defendant-respondents should be directed to decide the suit filed in 2012 within a stipulated time period due to delaying tactics.
1 provisions across 1 enactments
Dharmveer Tiwari
Ramesh Chandra and 2 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
