Disposed

Jag Jiwan Singh and Another v. Additional and Sessions Judge, Court No. 1 Distt. Bahraich and Another

Allahabad HC20 Mar 2024/1276/2024

Case brief

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What is this about?

Senior-citizen petitioners sought expedited decision of their pending civil appeal challenging a judgment cancelling a Will, decided after 20 years. The High Court directed the appellate judge to decide the appeal within one year if legally possible, without examining merits.

What did the court decide?

Direction to decide Regular Civil Appeal No.32 of 2012 within one year, if possible and free of legal impediment; no merits examined.

Jag Jiwan Singh and Another Vs Additional and… — Succession and Inheritance | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:24799

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1276 of 2024

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Petitioner :- Jag Jiwan Singh And Another Respondent :- Additional And Sessions Judge, Court No. 1 Distt. Bahraich And Another Counsel for Petitioner :- Moti Chand Yadav

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Hon'ble Saurabh Lavania,J.

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Heard.

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Present petition has been filed with the following main

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prayer:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue the direction to the First Additional District Judge, Bahraich to decide the Regular Civil Appeal No.32 of 2012 titled as "Jagjiwan Sigh & others Vs. Santosh Kumar Singh & others", as early as possible, in the circumstances of the case, in the interest of justice."

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Considering the facts as indicated, particularly the fact that a Suit No.227/1992 (Santosh Kumar Singh and Others vs. Jag Jiwan Singh and Others) in which, as appears from the records, the petitioners, namely, Jag Jiwan Singh, aged about 82 years and Jagat Pal Singh, aged about 79 years, who are senior citizens, were the defendants and this suit was filed for cancellation of Will and further this suit was decided after 20 years vide judgment/ order dated 30.05.2012 and being aggrieved, the petitioners preferred the Appeal No.32 of 2012 (Jag Jiwan and Others vs. Santosh Kumar Singh and Others) and the same is pending consideration till date, this Court finds

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that indulgence in the matter is required.

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Accordingly, the petition is disposed of with direction to the respondent no.1- Additional District Judge, Court No.1, District- Bahraich to decide the regular Appeal No.32 of 2012 (Jag Jiwan and Others vs. Santosh Kumar Singh and Others) expeditiously, say, within a period of one year, if possible, and if there is no other legal impediment in this regard.

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It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the present petition is disposed of.

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Order Date :- 20.3.2024 (Manoj K.)

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Jag Jiwan Singh and Another v. Additional and Sessions Judge, Court No. 1 Distt. Bahraich and Another

Case brief

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Jag Jiwan Singh and Another v. Additional and Sessions Judge, Court No. 1 Distt. Bahraich and Another

Case brief

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