Court No. - 33
Case :- MATTERS UNDER ARTICLE 227 No. - 7527 of 2021 Petitioner :- Sudhir Ranjan Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Atipriya Gautam,Ishir Sripat,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Saurabh Patel, Advocate holding brief of Atipriya Gautam, learned counsel for the petitioner and perused the record.
Learned counsel for the petitioner submits that partition suit No.271 of 2018 filed by the petitioner was decreed ex-parte on 4.11.2019. It is stated in paragraph 3 of the supplementary affidavit that no appeal was preferred by the defendants against ex-parte decree dated 4.11.2019. The petitioner filed an application on 24.12.2019 for passing of final decree which was registered as Misc. Case No.50 of 2019(Sudhir Ranjan vs. Ravi Ranjan and others) on which notices were issued to defendants and service was held to be sufficient vide order dated 28.5.2021. The Misc. Case is still pending since 24.12.2019.
Without going into merit of the case, it is appropriate that the above Misc. Case No.50 of 2019 be decided expeditiously.
In view of above, the Civil Judge(Junior Division), FTC Prayagraj/Court concerned is directed to decide the Misc. Case No.50 of 2019(Sudhir Ranjan vs. Ravi Ranjan and others) expeditiously, preferably within six months from the date of production of certified copy of this order without granting adjournment unnecessarily to either of the parties, unless there is any legal impediment.
With aforesaid direction, the instant petition is finally disposed of.
Order Date :- 23.12.2021 P.P.