High Court of Judicature at Allahabad
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Jai Prakash v. Chandra Prakash And Another - WRIT - C No. 25113 of 2006  RD-AH 9110 (8 May 2006)
Hon'ble Umeshwar Pandey, J.
Heard Sri N.C. Rajvanshi, Sr. Advocate, assisted by Sri M.K, Rajvanshi, appearing for the petitioner.
Some money is sought to be refunded by the respondent No. 1 to the petitioner in suit if it was found to be beyond the share legally held by the respondent in the property. It is alleged that the matter of share in the property in question has already stood finally decided by the Consolidation Court and the suit, which is pending before trial court is also to be decided on the same line. The suit is pending since 1999 and there should not be any further delay in its disposal by the trial court. The respondent had obviously withdrawn that money with the permission of the court, which may also be beyond his share in the property.
In view of the aforesaid contention of the learned counsel, the petition is hereby disposed of with this direction that the trial court will take up the disposal of the original Suit No. 481 of 1999 pending before it and dispose of the same within this year of 2006.
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