Disposed

Ram Sewak Yadav v. Addl. Prin. Judge Family Court No. 1 Gonda and 2 Others

Allahabad HC23 Jul 2024A227/3332/2024

Case brief

AI extract

What is this about?

Hearing a writ petition under Article 227, the Court disposed of the matter without deciding the merits. A liberty was granted to the petitioner to file an urgency application before the lower court for expeditious disposal of the pending guardianship case.

What did the court decide?

Liberty to the petitioner to move an urgency application for early disposal of the case before the Family Court, with a direction to the Family Court to decide it expeditiously.

Ram Sewak Yadav vs Addl. Prin. Judge Family… — Child Custody and Guardianship | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:49532

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3332 of 2024

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Petitioner :- Ram Sewak Yadav Respondent :- Addl. Prin. Judge Family Court No. 1 Gonda And 2 Others Counsel for Petitioner :- Madhulika Yadav,Anubhav Yadav,Shyam Sundar

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. 1-Additional Principal Judge, Family Court No.1, Gonda to decide the case number- 70/2020, under section- 7 Guardian and Wards Act 1890 (Ram Sewak Yadav Versus Abhay alias Nirmal Yadav and another) pending before him, within the time as specified by this Court.

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

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At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the aforesaid case before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated time fix by this Court.

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Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid case before the respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency

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application preferred by the petitioner 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.

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Order Date :- 23.7.2024

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Anuj Singh

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

Ram Sewak Yadav v. Addl. Prin. Judge Family Court No. 1 Gonda and 2 Others

Case brief

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Ram Sewak Yadav v. Addl. Prin. Judge Family Court No. 1 Gonda and 2 Others

Case brief

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