Disposed

Smt. Sushila Devi and Another v. Civil Judge (S.D.) District Gonda and Another

Allahabad HC8 Jan 2024A227/19/2024

Case brief

AI extract

What is this about?

A petition under Article 227 sought expediting of miscellaneous proceedings under Section 372 of the Indian Succession Act. The Court directed the trial court to decide the matter expeditiously within three months.

What did the court decide?

The respondent No.1 directed to consider and decide the pending application under Section 372 of the Indian Succession Act most expeditiously within three months.

Smt. Sushila Devi and Another vs Civil Judge… — Succession and Inheritance | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:1568

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 19 of 2024

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Petitioner :- Smt. Sushila Devi And Another Respondent :- Civil Judge (S.D.) District Gonda And Another Counsel for Petitioner :- Kaushal Mani Tripathi

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioners.

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In view of the order proposed to be passed by this Court, notice to the private-respondent No.2 is dispensed with.

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The petitioners have approached this Court for limited prayer for expediting the proceedings of Misc. Case No.24/2018 filed under Section 372 of the Indian Succession Act.

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It is submitted that the petitioners as applicant have moved an application under Section 372 of the Indian Succession Act before the Court of Civil Judge (Junior Division), District Gonda. It has been submitted that the contesting the respondents has also filed objections, however, for one reason or the others, the matter has yet not been finally decided and noticing the aforesaid circumstances, some expedite order be passed.

¶10

Considering the fact that the instant proceedings have been initiated under Section 372 of the Indian Succession Act which is summary in nature and once the objections have been filed, the Court concerned ought to have taken the matter to its logical conclusion which has not yet been done.

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In view of the aforesaid without entering into the merits of the case, at this stage, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 - Civil Judge (Senior Division), District Gonda to consider and decide the pending application under Section 372 of the Indian Succession Act bearing Misc. Case No.24/2018 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably within a period of three months from the date a certified copy of this order is placed before the Court concerned.

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With the aforesaid, the petition is disposed of .

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Order Date :- 8.1.2024 Rakesh/-

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

Smt. Sushila Devi and Another v. Civil Judge (S.D.) District Gonda and Another

Case brief

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Smt. Sushila Devi and Another v. Civil Judge (S.D.) District Gonda and Another

Case brief

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