Dismissed

Dhanadee v. Civil Judge (Senior Division) Malihabad Lucknow and Another

Allahabad HC18 Apr 2024A227/1887/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Article 227 seeking expeditious disposal of a suit filed by the petitioner against the trial court. The petition, filed again after a similar earlier one was dismissed, was considered an abuse of process as the trial court was actively proceeding with the matter.

What did the court decide?

Petition dismissed with a cost of Rs. 1000/-.

Dhanadee vs Civil Judge (Senior Division)… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30326

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 1887 of 2024

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Petitioner :- Dhanadee

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Respondent :- Civil Judge (Senior Division) Malihabad Lucknow And Another

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Counsel for Petitioner :- Satendra Singh Rana

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Hon'ble Alok Mathur,J.

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Heard Sri Satendra Singh Rana, learned counsel for the petitioner.

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By means of the present petition under Article 227 of the Constitution the petitioner has prayed for a direction Civil Judge (Senior Division), Lucknow to decide case No.715/2022 expeditiously.

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It has been submitted that the said suit has been filed by the petitioner against the private respondents for cancellation of the gift deed (Dhanadee Vs. Amar Deep Nishad) pending before Civil Judge (Senior Division), Lucknow.

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The only ground by the petitioner is that the petitioner is 84 years' old and the respondents are not coordinating in the proceedings and consequently direction may be granted to decide the said suit expeditiously.

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A perusal of the petition indicates that the petitioner had approached this Court for the same cause of action for expeditious disposal of the said suit by filing petition No.3112 of 2022 which was disposed of by this Court by means order dated 29.8.2022.

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When this Court had clearly indicated that it is not inclined to issue direction in the matter and liberty was given to the petitioner to move an application before the trial court in case there is any urgency and the trial court was to decide the said suit expeditiously if it finds that the matter requires to be expedited.

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A perusal of the order-sheet indicates that after filing the order of this Court the trial court proceeded with expedition and even allowed the said suit ex-parte by means of the judgment and order dated 18th February, 2023 but subsequently the respondents had put in appearance and the ex-parte order was recalled and now the suit is proceedings.

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Once orders for expeditious disposal have already been passed by this Court on 29.8.2022 then for the same prayer second petition would not be maintainable. Even the order sheet does not disclose that the case is being adjourned and on each date business is being transacted and orders are being passed and it cannot be said that the suit proceedings are being delayed unnecessarily.

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Accordingly, the present writ petition is nothing but mere abuse of the process of the law. Accordingly, there is no merit in the petition which is dismissed with cost of Rs.1000/- to be deposited before State Legal Services Authority, Uttar Pradesh.

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(Alok Mathur, J.)

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Order Date :- 18.4.2024 RKM.

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

Dhanadee v. Civil Judge (Senior Division) Malihabad Lucknow and Another

Case brief

What is this about?

What did the court decide?

Dhanadee v. Civil Judge (Senior Division) Malihabad Lucknow and Another

Case brief

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What did the court decide?

What the court decided

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