Disposed

Rajesh Kumar Rathour v. Mukesh and 5 Others

Allahabad HC9 Feb 2024A227/628/2024

Case brief

AI extract

What is this about?

This petition under Article 227 prayed for expeditious disposal of a pending succession case. The High Court dispensed with notice to private respondents and directed the Civil Court to decide the matter within one year without unnecessary adjournments, without examining the merits.

What did the court decide?

Directed the Civil Court to decide the succession case number 257/2018 most expeditiously within a maximum period of one year without unnecessary adjournments.

Rajesh Kumar Rathour vs Mukesh and 5 Others — Succession and Inheritance | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:11999

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Court No. - 7

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Case :- MATTERS UNDER ARTICLE 227 No. - 628 of 2024 Petitioner :- Rajesh Kumar Rathour Respondent :- Mukesh And 5 Others Counsel for Petitioner :- Virendra Kumar Tripathi Counsel for Respondent :- Brajendra Amiy,Gopal Kumar Srivastava

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Hon'ble Saurabh Lavania,J.

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Heard learned Counsel for the petitioner, Sri Akash Deep Srivastava learned Advocate, holding brief of Sri Gopal Kumar Srivastava, learned Counsel for opposite party no.4 and Sri Brajendra Amiy, learned Counsel for the opposite party no.5.

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In view of order proposed to be passed, issuance of notice to the privaterespondent(s) is hereby dispensed with.

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The present petition has been filed for the following main relief:-

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"Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to direct the learned court below i.e. Civil Judge (Senior Division) Lucknow to decide the succession case no. 257/2018, Mukesh and others Vs. Krishna Devi Rathaur and others expeditiously within the stipulated time as provided by this Hon'ble Court in the interest of justice."

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Considering the facts as stated, particularly the period of pendency and nature of the case, pending since 2018, as also that on account of pendency of succession case in issue, the petitioner is suffering great hardship, this petition is disposed of with direction to Civil Judge (Senior Division) Lucknow, to consider and decide the succession case no. 257/2018 (Mukesh and others Vs. Krishna Devi Rathaur and others), most expeditiously, as per law, but without granting any unnecessary adjournment, preferably within a maximum period of one year from the next date fixed before it, if there is no other legal impediment in this regard.

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It is made clear that the Court has not examined the case of either party on merits and the Authority concerned shall be free to decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of.

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Order Date :- 9.2.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Rajesh Kumar Rathour v. Mukesh and 5 Others

Case brief

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Rajesh Kumar Rathour v. Mukesh and 5 Others

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