Disposed

Numaisha Begum and 2 Others v. State of U.P. Thru. Secy. (Law) Lko. and 5 Others

Allahabad HC8 Aug 2024A227/3705/2024

Case brief

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Petitioners sought directions for expeditious disposal of a civil suit for succession certificate under the Succession Act. The Court disposed the writ petition without deciding merits, granting liberty to file an urgency application before the trial court.

What the court decided

AI extract

Numaisha Begum and 2 Others vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:54725

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3705 of 2024 Petitioner :- Numaisha Begum And 2 Others Respondent :- State Of U.P. Thru. Secy. (Law) Lko. And 5 Others Counsel for Petitioner :- Sukh Deo Singh,Paritosh Shukla Counsel for Respondent :- C.S.C.,Ankit Srivastava,Ashish Chaturvedi,Vinay Shankar

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Hon'ble Manish Kumar,J.

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Learned counsel for the petitioners has submitted that the present writ petition has been preferred for issuing a direction to the learned Civil Judge (Junior Division), court no. 15, Sultanpur to decide the Civil Suit bearing Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin), preferred by the petitioners, under the provisions of Indian Succession Act,1925 for the purpose of issuance of succession certificate within stipulated time as fixed by this Court.

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

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At this stage, learned counsel for the petitioners has submitted that present petition may be disposed of with a liberty to the petitioners to move an urgency application for early disposal of the aforesaid Civil Suit before the Court concerned and if any such application is preferred by the petitioners the same may be decided by the respondent no.2, within the stipulated time fixed by this Court.

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On the request of learned counsel for the petitioners and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioners to move an urgency application for early disposal of Civil Suit bearing Miscellaneous Case No. 131 of 2018 (Kishore Jahan vs. Bashiruddin). If any such application is preferred, it is expected that Civil Judge (Junior Division), court no. 15, Sultanpur shall decide the urgency application preferred by the petitioners 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 :- 8.8.2024/kkv/

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

Numaisha Begum and 2 Others v. State of U.P. Thru. Secy. (Law) Lko. and 5 Others

Case brief

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Numaisha Begum and 2 Others v. State of U.P. Thru. Secy. (Law) Lko. and 5 Others

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