Disposed

Smt. Somwati and 2 Others v. Civil Judge Senior Division Hardoi and Another

Allahabad HC9 Apr 2024A227/1767/2024

Case brief

AI extract

What is this about?

The high court was approached under Article 226 seeking direction to the trial court to expedite applications for substitution after the plaintiff's death. Finding no extraordinary circumstance and noting heavy pendency, the court dismissed the writ petition but granted liberty to file an urgency application. The writ petition was disposed of without interference on merits.

What did the court decide?

Liberty granted to the petitioner to move an appropriate urgency application before the trial court within two weeks, subject to justification.

Smt. Somwati and 2 Others vs Civil Judge… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:28949

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1767 of 2024

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Petitioner :- Smt. Somwati And 2 Others Respondent :- Civil Judge Senior Division Hardoi And Another Counsel for Petitioner :- Adarsh Kumar Maurya,Alka Rani,Ram Naresh Singh

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Hon'ble Alok Mathur,J.

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Heard Sri Ram Naresh Singh as well as Sri Adarsh Kumar Maurya, learned counsel for the petitioners.

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In the light of order proposed to be passed, notice to private respondents is dispensed with.

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By means of present writ petition the petitioners have prayed for direction to the Civil Judge (Senior Division), Hardoi to consider and decide the application under Order 22 Rule 2 and 3 CPC as well as under Order 6 Rule 17 CPC filed on 19.02.2024, in Original Suit No. 366 of 2021 - Pradeep KUmar Vs. Mayawari, expeditiously.

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It has been submitted by learned counsel for the petitioner that aforesaid suit was instituted by the husband of petitioner against private respondent for cancellation of partnership deed. It is submitted that aforesaid applications were filed before the trial Court but till date same are being routinely adjourned.

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Perusal of order sheet indicates that the Court has noticed that plaintiff has died during pendency of the said proceedings and time was granted for substitution. Lastly on 18.03.2024 the case was adjourned on account of leave of Presiding Officer.

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From the aforesaid it is clear that the applications were filed by the petitioner only in the month of February, 2024 and present writ petition has been filed for expeditious disposal of the said applications and further an application for substitution has been filed on 14.02.2024.

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Considering the fact that hardly a month has expired and the petitioner has rushed to this Court seeking direction to decide the said applications expeditiously. It is noticed that there is no extraordinary circumstance shown by the petitioner for entertaining the present writ petition under Article 227 of the

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Constitution of India.

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Undoubtedly, considering the heavy pendency of cases before the Courts below, such a direction as sought by the petitioner cannot be granted. Even otherwise, there is no extraordinary circumstance shown for indulgence by this Court in the matter. In the light of above, no ground for interference is made out.

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However, liberty is granted to the petitioner to move appropriate urgency application before the trial Court within next two weeks. In case any ground for urgency is made out, the trial Court shall pass appropriate orders and proceed with the matter in accordance with law.

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With above observations/directions the writ petition stands disposed of .

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Order Date :- 9.4.2024 A. Verma

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(Alok Mathur, J.)

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Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Somwati and 2 Others v. Civil Judge Senior Division Hardoi and Another

Case brief

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Smt. Somwati and 2 Others v. Civil Judge Senior Division Hardoi and Another

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