Disposed

Rajendra Prasad @ Rajendra Prasad Jaiswal v. Civil Judge Junior Division Lalganj Distt. Pratapgarh and Another

Allahabad HC1 Aug 2024/3572/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ under Article 227 requesting a direction to the Civil Judge to prioritize a pending partition suit. The Court disposed of the petition by granting liberty to file an urgency application in the lower court.

What did the court decide?

Liberty to move an urgency application for early disposal of the pending partition suit before the respondent court.

Rajendra Prasad @ Rajendra Prasad Jaiswal… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52604

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3572 of 2024

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Petitioner :- Rajendra Prasad @ Rajendra Prasad Jaiswal Respondent :- Civil Judge Junior Division Lalganj Distt. Pratapgarh And Another Counsel for Petitioner :- Ashok Kumar Maurya

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Hon'ble Manish Kumar,J.

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Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing a direction to the respondent no. 1 i.e. Civil Judge (Junior Division), Lalganj, District Pratapgarh to decide the partition suit bearing Case No. 178 of 2020 titled as Rajendra Prasad Jaiswal versus Rakesh Kumar Jaiswal, which is pending since 07.07.2020, within stipulated time as this Court may fix.

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It is further submitted that the above mentioned suit is preferred for partition of the property. In the said suit, the defendants/respondents had never appeared, so by order dated 10.11.2021, last opportunity was given to the defendants for filing written statement and when the written statement was not filed, the court by order dated 03.05.2023 fixed this case for exparte evidence and since then, the dates were fixed for the same.

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On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application disclosing all the facts mentioned above for early disposal of the suit, 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 suit 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 suit 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 time fixed by this Court.

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On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of partition suit bearing Case No. 178 of 2020, titled as Rajendra Prasad Jaiswal versus Rakesh Kumar Jaiswal, which is pending since 07.07.2020. If any such application is preferred, it is expected that Civil Judge (Junior Division), Lalganj, District Pratapgarh shall decide the urgency

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application preferred by the petitioner looking into the urgency mentioned therein, taking into account the facts as mentioned above and submissions made by learned counsel for petitioner, expeditiously, in accordance with law, in case there is no legal impediment, and if any adjournment is unavoidable, only short adjournment may be given.

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Order Date :- 1.8.2024 DiVYa

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Rajendra Prasad @ Rajendra Prasad Jaiswal v. Civil Judge Junior Division Lalganj Distt. Pratapgarh and Another

Case brief

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Rajendra Prasad @ Rajendra Prasad Jaiswal v. Civil Judge Junior Division Lalganj Distt. Pratapgarh and Another

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