Numaisha Begum and 2 Others Vs State of U.P… — Succession and Inheritance | Allahabad HC (2024)

Numaisha Begum and 2 Others Vs State of U.P… — Succession and Inheritance | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Liberty to the petitioners to move an urgency application for early disposal of Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin); upon such application being preferred, the Civil Judge (Junior Division), Court No. 15, Sultanpur is expected to decide it expeditiously in accordance with law after hearing the parties, granting only short adjournments if unavoidable.

Issue for consideration

Whether a direction should issue to the Civil Judge (Junior Division), Court No. 15, Sultanpur to decide Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin), a succession-certificate proceeding under the Indian Succession Act, 1925, within a stipulated time fixed by the High Court.

Court's answer

On the request of learned counsel for the petitioners, and without entering into the merits, the writ petition is disposed of with liberty to the petitioners to move an urgency application for early disposal of Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin) before the court concerned.

Ratio / Principle

If such an urgency application is preferred, the Civil Judge (Junior Division), Court No. 15, Sultanpur is expected to decide it 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 a short adjournment may be given.

Detailed headnote1 paragraphs

Article 227 – expeditious disposal – succession certificate – petitioners sought a direction to the Civil Judge (Junior Division), Court No. 15, Sultanpur to decide Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin), a proceeding under the Indian Succession Act, 1925, within a stipulated time. The Court noted that no urgency application for early disposal had been filed before the trial court and that the petitioners had approached the High Court directly. On counsel's request, and without entering into the merits, the writ petition was disposed of with liberty to move an urgency application before the trial court; if such an application is preferred, the Civil Judge is expected to decide it expeditiously, in accordance with law, after hearing the parties, and to grant only short adjournments where unavoidable.

Neutral Citation No. - 2024:AHC-LKO:54725

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 3705 of 2024 Petitioner :- Numaisha Begum And 2 Others Respondent :- State Of U.P. Thru. Secy. (Law) Lko. And 5 Others Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- C.S.C.,Ankit Srivastava,Ashish Chaturvedi,Vinay Shankar

Hon'ble Manish Kumar,J.

Learned counsel for the petitioners has submitted that the present writ petition has been preferred for issuing a direction to the learned Civil Judge (Junior Division), court no. 15, Sultanpur to decide the Civil Suit bearing Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin), preferred by the petitioners, under the provisions of Indian Succession Act,1925 for the purpose of issuance of succession certificate within stipulated time as fixed by this Court.

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

At this stage, learned counsel for the petitioners has submitted that present petition may be disposed of with a liberty to the petitioners to move an urgency application for early disposal of the aforesaid Civil Suit before the Court concerned and if any such application is preferred by the petitioners the same may be decided by the respondent no.2, within the stipulated time fixed by this Court.

On the request of learned counsel for the petitioners and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioners to move an urgency application for early disposal of Civil Suit bearing Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin). If any such application is preferred, it is expected that Civil Judge (Junior Division), court no. 15, Sultanpur shall decide the urgency application preferred by the petitioners 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 :- 8.8.2024/kkv/

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