Disposed

Smt. Vidhya Devi Daughter of Late Ramswaroop, Wife of Prahlad Gupta v. Nawab Khan S/O Khairati Khan

Rajasthan HC10 Mar 2026CW/2557/2026

Case brief

AI extract

What is this about?

Writ petition sought a direction to the Appellate Court to dispose of Civil Regular Appeal No.60/2024 within three months. Relying on High Court Bar Association, Allahabad, the Court declined to fix a time-bound schedule, observing only that the appeal be decided in accordance with law, and disposed of the petition.

What the court decided

AI extract

Smt. Vidhya Devi Daughter of Late… — Civil Procedure and Limitation | Rajasthan HC (2026)

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[2026:RJ-JP:10193]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 2557/2026

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Smt. Vidhya Devi Daughter Of Late Ramswaroop, Wife Of Prahlad Gupta, Resident Of Vyas Mohalla, Kasida Gali Gangapur City Tehsil Gangapur City Distt. Gangapur City (Rajasthan).

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----Petitioner/Non Appellant/Plaintiff

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Versus

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Nawab Khan S/o Khairati Khan, Aged About 76 Years, R/o Near By Temple Shri Terah Hazari, Kasida Gali, Vyas Mohalla, Gangapur City Tehsil Gangapur City Distt. Gangapur City.

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----Respondent/Appellant/Defendant

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For Petitioner(s) : Mr. Lakshay K Sharma on behalf of Mr. L.L. Gupta For Respondent(s) :

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HON'BLE MR. JUSTICE BIPIN GUPTA

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Judgment/Order

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10/03/2026

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The present writ petition has been filed with an innocuous prayer for a direction that the learned Appellate Court may be directed to decide the Civil Regular Appeal No.60/2024 in a time bound manner preferably within a period of three months.

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Heard.

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This Court finds that the appeal has been filed in the year 2024 only and the Hon'ble Apex Court has held in the case of High Court Bar Association, Allahabad vs State of Uttar Pradesh & Ors. ; (2024) 6 SCC 267 , that in the ordinary course, the Constitutional Court should refrain from fixing a time bound schedule for the disposal of cases pending before any other Court. The relevant paragraph of the judgment reads as under:

(2 of 2)

[2026:RJ-JP:10193]

[CW-2557/2026]

“47.3 Constitutional Courts, in the ordinary course, should refrain from fixing a time-bound schedule for the disposal of cases pending before any other Courts. Constitutional Courts may issue directions for the timebound disposal of cases only in exceptional circumstances. The issue of prioritising the disposal of cases should be best left to the decision of the concerned Courts where the cases are pending.”

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In view of the same, this Court do not deem it appropriate to issue any direction to the learned Appellate Court to decide the matter in a specific time frame. However, it is expected from the learned Appellate Court that the appeal pending before it may be decided in accordance with law.

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With the above observations, the present Civil Writ Petition stands disposed of.

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Pending application(s), if any, also stand disposed of.

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(BIPIN GUPTA),J

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MAHIMA/13

Smt. Vidhya Devi Daughter of Late Ramswaroop, Wife of Prahlad Gupta v. Nawab Khan S/O Khairati Khan

Case brief

What is this about?

What the court decided

Smt. Vidhya Devi Daughter of Late Ramswaroop, Wife of Prahlad Gupta v. Nawab Khan S/O Khairati Khan

Case brief

What is this about?

What the court decided

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