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2014 DIGILAW 1271 (ALL)

Rajiya Khatoon v. Aysha Khatoon

2014-04-21

PANKAJ MITHAL

body2014
JUDGMENT Hon'ble Pankaj Mithal, J. Heard learned counsel for the petitioner. 2. Petitioner has filed this petition for a direction to the court concern to decide Original Suit No. 982 of 2013 (Smt. Rajiya Khatoon Vs. Smt. Ayasha Khatoon and others) for partition pending in the court of Civil Judge (Senior Division) Kanpur, Nagar within a time bound period. 3. The submission is that the petitioner is an old aged lady about 73 years. 4. In view of the decision in the case of Km. Shobha Bose Vs. Judge Small Causes Court 2010 (1) ADJ 531 (DB), it is not proper to issue any positive direction for time bound disposal of any suit without ascertaining the position of the workload in the court concern and in the absence of any allegation that the court below is responsible for the delay, but looking to the fact that the petitioner is an old aged person about 73 years, the writ petition is disposed of with the direction to the court concern to proceed and decide the above suit in accordance with law expeditiously by curtailing all unnecessary adjournments and fixing short dates in quick succession. 5. Petition is disposed of with the above observation.