Allahabad High Court
Smt. Neetu Devi vs State Of U.P. on 28 February, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 1669 of 2020 Petitioner :- Smt. Neetu Devi Respondent :- State of U.P. Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J.
According to the petitioner, her husband has not been heard of since 2005 and other members of the petitioner have also expired over the years. The petitioner started facing difficulty in the mutation of various records including the land records. The petitioner brought civil action for instituting a suit registered as Original Suit No.66 of 2019 (Smt. Neetu Devi Vs. State of U.P. through the District Magistrate/Collector) with the prayer to declare the civil death of the husband of the petitioner.
The State/defendant has also entered appearance in the suit and filed a written-statement wherein it has been admitted that the husband of the petitioner has not been heard of since 2005.
The only prayer made by the learned counsel for the petitioner is to expedite the proceedings of Original Suit No.66 of 2019 (Smt. Neetu Devi Vs. State of U.P. through the District Magistrate/Collector), pending before the learned Civil Judge (Senior Division), Hathras, District-Hathras and that the suit be decided within a stipulated period of time.
Considering these facts and the nature of these proceedings, the matter is remitted to the learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras before whom the suit registered as Original Suit No.66 of 2019 (Smt. Neetu Devi Vs. State of U.P. through the District Magistrate/Collector) is pending. The following measures shall facilitate the learned trial court in expeditious disposal of the case proceedings:
(I) The learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras is directed to decide the suit registered as Original Suit No.66 of 2019 (Smt. Neetu Devi Vs. State of U.P. through the District Magistrate/Collector) within a period of one year from the date of receipt of a certified copy of this order.
(II) The learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras shall not grant any unnecessary adjournment to the parties.
(III) In case any adjournment is granted in the paramount interest of justice, the learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras shall impose costs not below Rs. 1,000/- for each adjournment upon the party seeking adjournment.
(IV) In case the counsels abstain from work on account of strike calls, the learned Civil Judge (Senior Division), Hathras, District-Hathras shall proceed in the absence of such counsels and pass appropriate orders.
(V) The learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras shall record the names of counsels, who abstain from work pursuant to strike calls and do not appear before the learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras and shall not permit such counsels to appear in this case on all future dates of hearing.
(VI) The learned trial court / learned Civil Judge (Senior Division), Hathras, District-Hathras shall proceed on a day to day basis, if required, to ensure that the above stipulated time period of deciding the Original Suit No.66 of 2019 (Smt. Neetu Devi Vs. State of U.P. through the District Magistrate/Collector) within one year is strictly adhered to.
The petition is disposed of.
Order Date :- 28.2.2020 Ashish Tripathi