Disposed

Kriti Shukla and Another v. Learned Civil Judge (Senior Division ) Malihabad Lucknow and 3 Others

Allahabad HC2 Jul 2024/2978/2024

Case brief

AI extract

What is this about?

In this Article 226 petition, the High Court directed the Civil Judge, Malihabad, to decide a pending succession case within a stipulated time. The court disposed of the petition by granting liberty to move an urgent application for early disposal, without examining the merits, noting that the petitioner had approached it directly without seeking urgency from the lower court first.

What did the court decide?

Petition disposed with liberty to move an urgency application for early disposal before the Trial Court within stipulated time.

Kriti Shukla and Another Vs Learned Civil Judge… — Succession and Inheritance | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44795

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 2978 of 2024

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Petitioner :- Kriti Shukla And Another Respondent :- Learned Civil Judge (Senior Division ) Malihabad Lucknow And 3 Others Counsel for Petitioner :- Praveen Kumar Tewari,Prateek Tewari

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Counsel for Respondent :- Varun Kant,Sanjeev Singh

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioners has submitted that present petition has been preferred to direct the Civil Judge (Senior Division), Malihabad, Lucknow to decide the Misc. Case No. 979/2022 (Kriti Shukla & Anr. Vs. Estate of Late Mr. Sourav Kumar & others) pending since the year 2022 within the time stipulated by this Court.

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It is further submitted that the case has been preferred in the year 2022 under the Indian Succession Act, 1925 in which the opportunity of filing objection to the respondent no. 3 has already been closed by order dated 04.03.2023 and the matter is ripe up for hearing.

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It is further submitted that as per Section 373 (1) of the Indian Stamp Act, 1925 the proceedings under Section 372 of the Indian Stamp Act, 1925 for succession is summary proceedings although the same is pending from the last two years.

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On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the proceedings for succession, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the proceedings for succession before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated

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time fix by this Court.

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

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the aforesaid case before the respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.

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Order Date :- 2.7.2024 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Kriti Shukla and Another v. Learned Civil Judge (Senior Division ) Malihabad Lucknow and 3 Others

Case brief

What is this about?

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Kriti Shukla and Another v. Learned Civil Judge (Senior Division ) Malihabad Lucknow and 3 Others

Case brief

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