The High Court directed the Sub-Divisional Magistrate to decide a pending partition suit within one year to remove inordinate delay and disposed of the writ petition.
The partition suit under Section 116 of U.P. Revenue Code, 2006 must be decided within one year without unnecessary adjournment.
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Court No. - 33
Case :- WRIT - C No. - 1978 of 2023
Petitioner :- Pappu Respondent :- State Of U.P. And 42 Others Counsel for Petitioner :- Kamalesh Singh Counsel for Respondent :- C.S.C.,Sudhir Bharti
Hon'ble Vikram D. Chauhan,J.
It is submitted by learned counsel for the petitioner that the partition suit bearing Case No. 2788 of 2022, Computerized Case No. T202205440602788 (Pappu vs. Dhruv and others) under Section 116 of U.P. Revenue Code, 2006 is pending before the Respondent No.2, Sub-Divisional Magistrate since the year 2022 and till date, the aforesaid case has not been decided.
Learned Standing Counsel submits that the case will be decided in accordance with law in a time bound manner.
Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, it is hereby directed that the case pending before the Respondent No.2 shall be decided within a period of one year from the date of production of certified copy of the order without giving any unnecessary adjournment to any of the parties.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 20.1.2023 Ashish Pd.
Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether the pending partition suit should be decided within a specific time-bound period.
Pappu
State Of U.P. And 42 Others
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
