This miscellaneous petition under Article 227 sought a direction to the trial court to expedite the hearing of a succession certificate case filed under Section 372 of the Indian Succession Act, 1925.
Direction to the trial court to decide theMiscellaneous Case No.17 of 2004 expeditiously without unnecessary adjournments.
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Neutral Citation No. - 2023:AHC:138293
Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 6404 of 2023
Petitioner :- Purushottam Dubey Respondent :- Ram Nevas And 6 Others Counsel for Petitioner :- Indra Mohan Singh
Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner.
This petition has been filed seeking following relief:
"(1) issue an order of direction directing the Civil Judge (Senior Division) Siddharth Nagar to expedite the hearing of Civil Misc.No.17 of 2004, Putushottam versus Ram Nevas & others under Section 372 of Indian Succession Act, 1925 for grant of succession certificate and decided the same expeditiously, preferable within the time limit specify by this Hon'ble Court"
The contention of the learned counsel for the petitioner is that the petitioner has filed the aforesaid Miscellaneous Case No.17 of 2004, in the Court of Civil Judge (Senior Division), Siddharth Nagar, under Section 372 of the Indian Succession Act, 1925 which has not been yet decided.
Considering the facts and circumstances of the case and without entering into the the merits of the case, this petition is disposed of with a direction to the trial court to endeavour to decide the aforesaid Miscellaneous Case No.17 of 2004 expeditiously, without granting any unnecessary adjournment to either of the parties, provided there is no legal impediment.
Order Date :- 12.7.2023 K.K.Tiwari
(Jayant Banerji, J.)
Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should direct the trial court to expedite the hearing of a petition for grant of succession certificate.
Whether to direct the trial court to decide the proceedings without unnecessary adjournments.
2 provisions across 2 enactments
Purushottam Dubey
Ram Nevas And 6 Others
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
