Writ petition under Article 227 for expedited disposal of a recall application pending for over a year. Court disposed of petition granting liberty to file urgency application before lower court.
Liberty to move urgency application for early disposal; lower court instructed to decide expeditiously after hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:49360
Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 3318 of 2024
Petitioner :- Nagesh Chandra Pathak Respondent :- Smt. Neelam Counsel for Petitioner : - Vishwanath Pratap Singh
Hon'ble Manish Kumar,J.
Heard.
Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no.- Additional Principal Judge, Family Court No. I Lucknow to decide the recall application dated 2.2.22023, which is registered as Misc. Case No. 158 of 2023 (Nagesh Chandra Pathak Vs. Smt. Leela), for recall of the order dated 6.10.2022 by which regular suit no. 710 of 2010 filed by the petitioner under Section Section 13 (1) (ia) of the Hindu Marriage Act, 1955 was dismissed for want prosecution, within the time as specified by this Court. The said recall application is pending for the last more than one and half years.
On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the aforesaid recall application/misc case, 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.
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 aforesaid recall application/misc. case before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the Additional Principal Judge, Family Court No. 9 Lucknow within the stipulated time fix by this Court.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
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 aforesaid recall application/misc case before the Additional Principal Judge, Family Court No. I Lucknow If any such application is preferred, it is expected that Additional Principal Judge, Family Court No.I Lucknow 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, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given.
Order Date :- 23.7.2024 Anuj Singh
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
Nagesh Chandra Pathak
Neelam
Manish Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
