Mohd.Illiyas (Since Deceased) and 6 Others Vs… — Writ and Judicial Review | Allahabad HC (2023)

Mohd.Illiyas (Since Deceased) and 6 Others Vs… — Writ and Judicial Review | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (Jr.Div.), Mawana, Meerut to consider and decide Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another) expeditiously, preferably within one year from the date of production of the certified copy of the order, strictly in accordance with law, without unnecessary adjournments to either party, following the Supreme Court's directions in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others); notice on the private respondents dispensed with.

Issue for consideration

Whether the Civil Judge (Jr.Div.), Mawana, Meerut should be directed, via an Article 227 petition, to conclude and decide Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another), pending since 2010 with the written statement unfiled, within a time frame fixed by the High Court.

Court's answer

The writ petition is disposed of by requiring the Civil Judge (Jr.Div.), Mawana, Meerut, seized with Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another), to consider and decide the case expeditiously, preferably within one year from the date of production of the certified copy of the order, strictly in accordance with law, without granting unnecessary adjournments to either party, following the Supreme Court's directions in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others), Paragraph 2 of the operative part.

Ratio / Principle

Notice upon the private respondents was dispensed with, considering the nature of the order proposed to be passed.

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; order dated 2.12.2023; Neutral Citation 2023:AHC:228915) disposed of a Matter Under Article 227 (No. 12276 of 2023) seeking expedition of Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another), pending before the Civil Judge (Jr.Div.), Mawana, Meerut since 2010 with the written statement still unfiled despite many dates. Notice on the private respondents was dispensed with, and the trial court was directed to consider and decide the suit expeditiously, preferably within one year from production of the certified copy of the order, strictly in accordance with law and without unnecessary adjournments, following the Supreme Court's directions in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others), decided 20.10.2023 (Paragraph 2 of the operative part).

Neutral Citation No. - 2023:AHC:228915

Court No. - 44

Case :- MATTERS UNDER ARTICLE 227 No. - 12276 of 2023

Petitioner :- Mohd.Illiyas (Since Deceased) And 6 Others Respondent :- Uday Singh (Since Deceased) And Another Counsel for Petitioner :- Ravindra Kumar

Hon'ble Ashutosh Srivastava,J.

Heard Shri Ravindra Kumar, learned counsel for the petitioner.

Considering the nature of the order proposed to be passed notice upon the private respondents is hereby dispensed with.

Present petition, under Article 227 of the Constitution of India, has been filed seeking direction to the Civil Judge (Jr.Div.), Mawana, Meerut to decide the Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another) within the time frame fixed by this Court.

Learned counsel for the petitioner submits that the Suit is pending considering since 2010 and many dates in this case has been fixed for filing written statement, but the same has not been filed till date. Learned counsel for the petitioner submits that purpose of filing present writ petition shall stands served if the appropriate directions are issued to the Court concerned to conclude and decide the Original Suit pending since 2010, within the time frame fixed by this Court.

Considering the fact that the aforesaid Original Suit, is pending consideration, before the Civil Judge (Jr.Div.), Mawana, Meerut is pending since 2010, this Court is also of the opinion that no useful purpose would be served by keeping the writ petition pending and the same is accordingly disposed of by requiring the Civil Judge (Jr.Div.), Mawana, Meerut, seized with the Original Suit No. 79 of 2010 (Mohammad Iliyas versus Uday Singh and another) to consider and decide the case expeditiously, preferably within a period of one year from the date of production of certified copy of order of this Court, strictly in accordance with law, without granting unnecessary adjournments to either of the parties, following the directions passed by Hon'ble Supreme Court in Civil Appeal No. 4296 of 2023 (Yashpal Jain versus Sushila Devi & others) decided on 20.10.2023, contained in Paragraph 2 of the operative part of the order.

Order Date :- 2.12.2023 Ravi Prakash

(Ashutosh Srivastava, J.)

Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad