SHRI NARENDRA KUMAR VARSHNEY AND 2 OTHERS v. SMT SHASHI VARSHNEY AND ANOTHER
A227/11704/2025 · 2025-09-23
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 100501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100501 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11704 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
"It is therefore most respectfully prayed that this Hon'ble court may be pleased to direct the Learned Civil Judge (S.D.) F.T.C. Aligarh decide the application under order 7 rule 11 C.P.C. in original suit no. 1164 of 2011 (Smt. Shashi Varshney and another Vs Shri Narendra Kumar Varshney and two others) filed by the petitioner/defendant which is pending before him since 22.07.2011, within a stipulated period as per in accordance with law, otherwise, petitioner shall suffer irreparable loss and injury. AND/OR to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant/petitioner shall suffer an irreparable loss and injury."
3. Contention of the learned counsel for the petitioners is that an application dated 22.7.2011 under Order VII Rule 11 C.P.C. is pending since 2011 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition pending. Versus Counsel for Petitioner(s) : Upendra Kumar Pushkar Counsel for Respondent(s) :
Shri Narendra Kumar Varshney And 2 Others .....Petitioner(s) Smt Shashi Varshney And Another .....Respondent(s)
5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (S.D.) F.T.C., Aligarh to consider and decide the aforementioned application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 24, 2025 S. Singh A227 No. 11704 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad