Disposed

Smt. Pushpa Devi v. Rajendra Prasad and 3 Others

Allahabad HC16 Mar 2023WRIC/7181/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad, through Writ - C No. 7181 of 2023, disposed of the petitioner's request for expeditious disposal of Case No. 05741 of 2020. The court directed the Tehsildar to conclude proceedings within six months and mandated personal appearance if lawyers fail to cooperate.

What did the court decide?

Direction to respondent Tehsildar to conclude proceedings within six months from production of certified copy of this order.

Smt. Pushpa Devi Vs Rajendra Prasad and 3… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- WRIT - C No. - 7181 of 2023

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Petitioner :- Smt. Pushpa Devi Respondent :- Rajendra Prasad And 3 Others Counsel for Petitioner :- Bholeshwar Counsel for Respondent :- C.S.C.

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Hon'ble Kshitij Shailendra,J.

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Heard Shri Bholeshwar, learned counsel for the petitioner and learned Standing Counsel representing the State-respondents.

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This writ petition has been filed seeking expeditious disposal of Case No.05741 of 2020 (Computerized Case No. T- 202002030305741), Old Case No.2846 of 2020 (Pushpa Devi v. Rajendra Kumar & Anr.) within stipulated period.

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Learned counsel for the petitioner submits that pendency of the aforesaid case is causing serious prejudice to the rights of the petitioner and therefore this Court should issue a direction for expeditious disposal of the case.

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Learned Standing Counsel has no serious objection to the prayer made by the learned counsel for the petitioner.

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In view of the above, having heard the learned counsel for the parties and having perused the record, this petition is disposed of with a direction to the respondent no.3-Tehsildar, Tehsil Soraon, District-Prayagraj to conclude the proceedings of the aforesaid case expeditiously, preferably, within a period of six months from the date a certified copy of this order is produced before him, after giving full opportunity of hearing to the parties concerned.

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In case, the lawyers do not cooperate with the proceedings either on account of abstainment from work or otherwise, the court concerned shall permit personal appearance of the parties to address it on the merits of the aforesaid case. However, the authority/court concerned shall take special care of the fact that the property rights of the parties may not be adversely affected only on account of non-cooperation of the lawyers and the aforesaid matter shall be disposed of strictly in accordance with law, taking care of the statutory provisions and after making critical analysis of the material available on record.

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Order Date :- 16.3.2023 Jyotsana

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Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad

Smt. Pushpa Devi v. Rajendra Prasad and 3 Others

Case brief

What is this about?

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Smt. Pushpa Devi v. Rajendra Prasad and 3 Others

Case brief

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