Petition under Article 227 prayed for direction to Civil Judge, Jaunpur to decide pending succession suit within six months. Court directed expeditious disposal without unnecessary adjournments, disposing the petition accordingly.
Direction to decide Succession Suit No. 12 of 2019 within six months without unnecessary adjournments.
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Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 6236 of 2022 Petitioner :- Parmawati Rai Respondent :- Awanish Kumar Rai And 2 Others Counsel for Petitioner :- Kailash Nath Singh
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Shiva Priya Prasad, Advocate holding brief of Sri Kailash Nath Singh, learned counsel for the petitioner and perused the record.
Present petition under Article 227 of the Constitution of India has been filed by the petitioner with the prayer to direct the Civil Judge (Senior Division), Jaunpur to decide the Succession Suit No. 12 of 2019 (Parmawati Rai vs. Awanish Kumar Rai) within stipulated period of time.
It is submitted by the learned counsel for petitioner that the plaintiff-petitioner had applied for succession certificate and had filed a suit for succession in the year 2019 in which the defendants-respondents had put their appearance and filed their written statement. It is further submitted that on account of delaying tactics adopted by the defendants-respondents, the aforesaid suit could not be decided till date and is pending for disposal since 2019.
Considering the submissions of learned counsel for the petitioner and without going into merit of the case, the Civil Judge (Senior Division), Jaunpur is directed to decide the Succession Suit No. 12 of 2019 (Parmawati Rai vs. Awanish Kumar Rai) expeditiously and if possible within a period of six months from the date of production of certified copy of this order without granting any unnecessary adjournment to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition is finally disposed of.
Order Date :- 11.8.2022 sailesh
Digitally signed by SAILESH PRAJAPATI Date: 2022.08.11 17:37:49 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the Civil Judge to decide a pending succession suit within a stipulated period?
1 provisions across 1 enactments
Parmawati Rai
Awanish Kumar Rai and 2 Others
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
