Allahabad High Court
Jagganath Pandey & Ors. vs State Of U.P. Thru Prin. Secy, Law Deptt. ... on 20 November, 2020
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 7 Case :- MISC. SINGLE No. - 21412 of 2020 Petitioner :- Jagganath Pandey & Ors. Respondent :- State Of U.P. Thru Prin. Secy, Law Deptt. Lko. & Ors. Counsel for Petitioner :- Rajeev Narayan Pandey Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J.
(1) Heard the learned counsel for the parties and perused the record.
(2) This petition has been filed by the petitioners for the following main prayer:-
"To issue suitable order or direction, directing the IIIrd Civil Judge (Junior Division), Faizabad, to decide the Regular Suit No.92 of 1994 (Madhav Prasad Vs. Jaggannath & Others) pending before him expeditiously as soon as possible".
(3) It has been submitted by the learned counsel for the petitioners that the Respondent no.2 who is related to the petitioners had filed a Suit on 07.03.1994 for cancellation of will deed dated 14.12.1977 executed in favour of the petitioners forefather and another prayer for grant of permanent injunction against the defendants. The petitioners are the defendants in the Suit and an ex-parte interim injunction was granted on 09.03.1994 by the learned court below directing both the parties to the Suit to maintain status-quo in respect of the land in question The petitioners have filed their written statements. The Commissioner's Amin report has also been filed, part of the land has also been sold of by the plaintiff and one other person for which the application for impleadment has been allowed. Issues were framed but till date no effective hearing has taken place. Hence, this petition.
(4) This petition is finally disposed of with a direction to the learned Trial Court i.e. IIIrd Civil Judge (Junior Division), Faizabad, to decide the Regular Suit No.92 of 1994 (Madhav Prasad Vs. Jaggannath & Others) to keep in mind the instructions issued on the Administrative side by the High Court to hear and decide on priority basis all matters which have been pending for five years or more. In this case the Suit has been pending for 26 years, it is expected that the learned Trial Court shall fix day to day hearing and dispose of the Suit, in accordance with law, within a period of ten months from the date a certified copy of this order is produced before him.
Order Date :- 20.11.2020 PAL