Dismissed

Shamshad Alam v. Learned Civil Judge (Junior Division ) Lalganj Distt. Pratapgarh and 4 Others

Allahabad HC27 Sept 2024/4640/2024

Case brief

AI extract

What is this about?

In a petition under Article 227 seeking directions for expeditious disposal of a suit for cancellation of a will, the court referred to Supreme Court precedents to strike out the Civil Judge as an opposite party and dismissed the petition for lack of grounds for expediting the suit.

What did the court decide?

Direction to strike out the name of Civil Judge as opposite party; Petition dismissed.

Shamshad Alam Vs Learned Civil Judge… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:67132

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4640 of 2024

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Petitioner :- Shamshad Alam Respondent :- Learned Civil Judge (Junior Division ) Lalganj Distt. Pratapgarh And 4 Others Counsel for Petitioner :- Mohd. Salman,Ana Fatma

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mohd. Salman, the learned counsel for the petitioner and perused the records.

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By means of the instant petition under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Civil Judge, Junior Division, Lalganj, District Pratapgarh for expeditious disposal of Civil Suit No.12 of 2021, which has been filed for cancellation of will deed.

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The petitioner has impleaded learned Civil Judge, Junior Division, Lalganj, District Pratapgarh as an opposite party to the petition whereas as per law laid down by Hon'ble Supreme Court in the case of Savitri Devi Vs. District Judge, Gorakhpur; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat, (2015) 9 SCC 1, the Civil Court ought not to have been impleaded as an opposite party to the petition.

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Accordingly, the learned counsel for the petitioner is directed to strike out the name of Civil Judge, Junior Division, Lalganj, District Pratapgarh as opposite party no.1 from the array of opposite party.

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So far as the question of direction for expeditious disposal of

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the suit is concerned the suit has been filed for a decree of cancellation of will simplicitor. Neither there is any averment that the petitioner is in possession of the property in dispute and he is under threat of being dispossessed nor has it been pleaded that the petitioner is out of possession and he is claiming a decree of possession.

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In these circumstances, there is no good ground for issuing any direction for expeditious disposal of the suit by giving it precedence over the other old matters. Accordingly, the petition is dismissed .

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[Subhash Vidyarthi, J.]

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Order Date :- 27.9.2024 Ram.

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

Shamshad Alam v. Learned Civil Judge (Junior Division ) Lalganj Distt. Pratapgarh and 4 Others

Case brief

What is this about?

What did the court decide?

Shamshad Alam v. Learned Civil Judge (Junior Division ) Lalganj Distt. Pratapgarh and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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