Disposed

Hashim Ali v. State of U.P. and 4 Others

Allahabad HC22 Aug 2023A227/2667/2023

Case brief

AI extract

What is this about?

This Article 227 writ petition sought a direction for the Civil Judge to decide a proceeding under Section 340 Cr.P.C. regarding a false affidavit within four months, after noting respondent non-appearance due to serving via publication.

What did the court decide?

Director Civil Judge (S.D.), Jaunpur to decide Case No.123 of 2022 within four months, providing reasonable hearing opportunities and avoiding undue adjournments.

Hashim Ali Vs State of U.P. and 4 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:168784

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Court No. - 79

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Case :- MATTERS UNDER ARTICLE 227 No. - 2667 of 2023

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Petitioner :- Hashim Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjali Singh Counsel for Respondent :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Despite service of notice, no one has put in appearance on behalf of respondent nos.2 to 5.

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Heard Ms. Anjali Singh, learned counsel for petitioner, learned A.G.A. and perused the record.

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This petition under Article 227 of the Constitution of India has been filed by petitioner seeking a direction to the Civil Judge (S.D.), Jaunpur to decide the Case No.123 of 2022 filed by the petitioner under Section 340 Cr.P.C. in Original Suit No.227 of 2022 (Hashim Ali Vs. Nizamuddin and others), within a stipulated time period.

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It is submitted by learned counsel for petitioner that respondent no.2 has filed a false affidavit in Original Suit No.227 of 2022 (Hashim Ali Vs. Nizamuddin and others) to the effect that earlier no suit was filed for the same cause of action between the parties whereas earlier Original Suit No.291 of 2021 (Afsari and others Vs. Hashim and others) in respect of same property has already been filed. The petitioner had moved an application on 20.7.2022 under Section 340 Cr.P.C. for taking appropriate proceedings against the respondent nos.2 to 5 for giving false affidavit and the case was registered as Misc. Case No.123 of 2022. The service was effected through publication but despite of service, the respondent nos.2 to 5 were not appeared before the court concerned and the proceedings under Section 340 Cr.P.C. could not be proceeded on account of delaying tactics adopted by respondent no.2.

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Considering the facts and circumstances of the case and without commenting on the merits of the case, learned Civil Judge (S.D.), Jaunpur is directed to decide the aforementioned case expeditiously in accordance with law after providing reasonable opportunities of hearing to the parties concerned, preferably within

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a period of four months from the date of production of certified copy of this order, without granting undue adjournments to either of the parties, unless there is any legal impediment.

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With the aforesaid directions, the petition is disposed of.

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Order Date :- 22.8.2023 Kpy

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Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad

Hashim Ali v. State of U.P. and 4 Others

Case brief

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Hashim Ali v. State of U.P. and 4 Others

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