Disposed

Lalta Prasad v. State of U.P. and 2 Others

Allahabad HC30 Jan 2023WRIC/3083/2023

Case brief

AI extract

What is this about?

Petitioner sought a direction to expedite a pending partition suit under Section 116 of U.P. Revenue Code, 2006, which had been stalled due to delaying tactics. The court directed the Sub Divisional Magistrate to conclude the proceedings within six months. Petition disposed of.

What did the court decide?

Directed Respondent No. 2 to conclude proceedings and decide the suit within six months, affording parties opportunity of hearing.

Lalta Prasad Vs State of U.P. and 2 Others — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 51

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Case :- WRIT - C No. - 3083 of 2023 Petitioner :- Lalta Prasad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shiv Shankar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Vipin Chandra Dixit,J.

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Heard Mr. Shiv Shankar Singh, learned counsel for the petitioner as well as the learned Standing Counsel appearing for State respondent and perused the record.

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Present writ petition under Article 226 of the Constitution of India has been filed seeking a direction to the Sub Divisional Magistrate, Meja, District Allahabad (Prayagraj) (respondent no.2) to decide the Suit No. 150 of 2018 Computerized Suit No. T201802030800150 (Tolan Prasad Vs. Lalta Prasad), under Section 116 of U.P. Revenue Code, 2006 within a stipulated time period.

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It is submitted by learned counsel for the petitioner that the respondent no. 3 had filed suit under Section 116 of U.P. Revenue Code, 2006 for division of holdings claiming one half share in the property. The petitioner who is opposite party in the suit had filed objection but only general dates have been fixed in the matter. It is further submitted that on account of delaying tactics adopted by the private respondent, the suit could not be proceeded and is pending since 2017.

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Without going into merit of the case, it is appropriate that the above suit be decided expeditiously.

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In view of above, Sub Divisional Magistrate, Meja, District Allahabad (Prayagraj) (respondent no.2) is directed to conclude the proceedings and decide the aforesaid suit expeditiously, if possible within six months from the date of production of certified copy of this order after affording opportunity of hearing to the parties concerned, without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.

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With aforesaid direction, the instant petition under Article 226 of the Constitution of India is finally disposed of.

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Order Date :- 30.1.2023 Arif

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Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad

Lalta Prasad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Lalta Prasad v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

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