In a writ petition under Article 227, the court directed the Civil Judge (Senior Division) Jaunpur to decide a pending application for house repair in a partition suit within six weeks, after hearing all concerned parties.
Direction to fix six weeks period for the sub-judge to decide the pending application 225-Ga after hearing parties.
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Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 7581 of 2021
Petitioner :- Geeta Devi Respondent :- Jagdish Prasad Counsel for Petitioner :- Mohd. Sarwar Khan
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner.
This writ petition has been filed with the following prayer:-
"1. Direct to Civil Judge (Senior Division) Jaunpur to decide the application 225-Ga dated 05.01.21 filed by the defendant/petitioner in O.S. No. 512/97 Jagdish Prasad Vs. Pyare Lal and others within specific period fixed by Hon'ble Court pending in the court of Civil Judge (Senior Division) Jaunpur."
It is contended that plaintiff-respondent filed a suit for partition and also for possession over the property in question. During the pendency of the suit, the defendant-petitioner filed an application 225-Ga for repairing the house which is in a dilapidated condition on 05.01.2021, which is still pending and according to petitioner the objection has been filed by plaintiffrespondent but the court below has not proceeded to decide the same.
As no useful purpose would be served in keeping the matter pending and without issuing notice to respondent, the matter is being disposed of at this stage with a direction upon Civil Judge (Senior Division) Jaunpur to decide application 225-Ga dated 05.01.2021 in O.S. No. 512/97, Jagdish Prasad Vs. Pyare Lal, if there are no legal impediments and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of six weeks from the date of production of certified copy of this order.
Writ petition stands disposed of.
Order Date :- 6.1.2022 V.S.Singh
1 issue framed by the court
Whether the higher court can direct the lower court to expeditiously decide a pending application in an ongoing partition suit.
Geeta Devi
Jagdish Prasad
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
