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2025 DAILYLAW 100434 (ALL)

MAHENDRA SINGH v. STATE OF U.P. AND 8 OTHERS

WRIC/33936/2025 · 2025-10-07

Y K Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33936 of 2025 Court No. - 6 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Subedar Mishra, learned counsel for the petitioner and Sri Anand Bhaskar Srivastava, learned Standing Counsel appearing for the State respondents. The present petition has been filed seeking a direction to the respondent No. 2, the Sub Divisional Magistrate, Tehsil Sadar, District-Mathura, to decide the application under Order 39 Rule 1 C.P.C. dated 18.8.2025 as well as the Partition Suit No. 4479 of 2022 [Mahendra Singh and Others Vs. Devi Singh and Others], under Section 116 of the U.P. Revenue Code, 2006, expeditiously and within a stipulated time period. Counsel for the petitioner has referred to the 'order sheet' of the case, a copy whereof has been appended to the writ petition to point out that although several dates have been fixed but for some reason or the other, matter has been adjourned and the delay in disposal of the case is causing undue hardship to the petitioner. Accordingly, a prayer is made for a direction to the court/authority concerned to conclude the proceedings of the aforenoted application under Order XXXIX Rule 1 and that of the aforenoted suit, at an early date. It is further urged that the defendants in suit are seeking to alter status quo in respect of the suit property and therefore the application seeking interim injunction requires urgent disposal. Counsel for the State respondents has no objection to the proceedings Versus Counsel for Petitioner(s) : Subedar Mishra Counsel for Respondent(s) : C.S.C. Mahendra Singh .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) being expedited, and also the early disposal of the application for interim injunction. Having regard to the aforesaid, the present petition is disposed of with an observation that the court/authority concerned would make an endeavor to conclude the proceedings of the case/suit expeditiously, preferably within a period of six months, and the application for interim relief, within two weeks; from the date of production of a certified copy of this order, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment. October 8, 2025 Arun K. Singh WRIC No. 33936 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad