Allahabad High Court
Raju Gupta vs Civil Judge (Junior Division) Hawali ... on 22 October, 2019
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- MATTERS UNDER ARTICLE 227 No. - 7467 of 2019 Petitioner :- Raju Gupta Respondent :- Civil Judge (Junior Division) Hawali Varanasi And 2 Others Counsel for Petitioner :- Lakshman Tripathi Hon'ble J.J. Munir,J.
This petition under Article 227 of the Constitution has been filed seeking the following relief and no other:
"A. Issue an order or suitable direction by commanding the respondent No. 1 to decide the proceeding of Declaratory Suit No. 1409 of 2015 (Raju Gupta vs. Gulabi Devi and another) pending before the learned Civil Judge (Junior Division) Hawali, Varanasi within a stipulated time which this Hon'ble Court may deem fit."
The submission of the learned counsel for the petitioner is that Original Suit No.1409 of 2015 has been filed before the Civil Judge (Junior Division), Varanasi for relief of declaration that Munna Lal being the father of the sole plaintiff-petitioner, whose whereabouts are not known since the year 2002, be declared to have suffered a civil death and that the petitioner be declared his heir and legal representative entitled to be mutated in the revenue and other property records. The aforesaid grievance of the petitioner has arisen in the context that the whereabouts of the father of the petitioner being not known, the record of rights cannot be corrected. This prejudice is to the interest of his heirs that include the petitioner and the two defendants to the suit, that is to say, the petitioner's mother and his sister.
Learned counsel for petitioner has taken the Court through the order sheet. The suit was instituted on 03.12.2015. Thereafter, the suit has been adjourned casually without any order of moment being recorded except one on 06.12.2018, where the petitioner has been ordered to implead the State as a party. Learned counsel for the petitioner states that he has impleaded State as a party defendant to the suit on 31.8.2019. This amendment has been done pursuant to an order dated 31.8.2019.
Looking to the nature of the order that this Court proposes to pass and the stand of defendant-respondent Nos.2 and 3 before the Trial Court, no notice is being issued to the said defendant-respondents.However, in case they feel aggrieved by the order made today, it would be open to them to make an application in this decided petition.
It is made clear that anything said in this order may not be construed by the Trial Court as an expression of opinion on merits of the controversy either way and the Trial Court will absolutely be free to determine the same in accordance with law, after hearing all parties to the suit.
Considering the facts and circumstances it is directed that the Trial Court after ensuring that the State disclose their stand through a written statement competently filed, will proceed with the trial and endeavor to dispose of the same within a period of one year from the date of production of a certified copy of this order, in accordance with law, after hearing all parties concerned.
The petition is allowed in terms of aforesaid order. There shall no order as to costs.
Order Date :- 22.10.2019 BKM/-