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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11883 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"issue an appropriate order or direction setting-aside the judgment and
order dated 14.8.2025 (Annexure No.1 to the petition) passed by the learned Additional District Judge, Court No.5, District-Agra in Civil Revision No.93 of 2022 (Baldev Singh Vs. Smt. Archana Verma and another);
issue an appropriate order or direction setting-aside the judgment and
order dated 23.11.2022 (Annexure No.2 to the accompanying petition) passed by the learned Additional Civil Judge (Junior Division), Court No.6, District-Agra in Miscellaneous Case No.66 of 2020 (Baldev Singh Vs. Smt. ArchanaVerma and another), under Order IX Rule 4 of the Code of Civil Procedure, 1908;
iii. issue an appropriate order or direction setting-aside the order dated 11.1.2019 (Annexure No.3 to the petition) passed by the learned Additional Civil Judge (Junior Division)-II, District-Agra in Miscellaneous Case No.153 of 2018 (Baldev Singh Vs. Smt. Archana Verma and another), under Order IX Rule 13 of the Code of Civil Procedure, 1908;
iv. issue an appropriate order or direction directing the learned Civil Judge (Junior Division), District-Agra to decide Miscellaneous Case No.153 of 2018 (Baldev Singh Vs. Smt. ArchanaVerma and another), under Order IX Rule 13 of the Code of Civil Procedure, 1908 filed by the defendant-petitioner on merits in accordance with law within a short period as stipulated by this Hon'ble Court; Versus Counsel for Petitioner(s) : Shyam Babu Vaish Counsel for Respondent(s) :
Milan Karmakar .....Petitioner(s) Smt Soma Karmakar And Another .....Respondent(s)
issue an appropriate order or direction directing the learned Civil Judge (Junior Division), District-Agra to keep in abeyance the execution, if any, of the ex-parte judgment and order dated 27.3.2018 (Annexure No.5 to the petition) passed by the learned Civil Judge (Junior Division), District- Agra decreeing Original Suit No.620 of 2017 (Smt. ArchanaVerma and another Vs. Baldev Singh) till the final disposal of Miscellaneous Case No.153 of 2018 (Baldev Singh Vs. Smt. Archana Verma and another);"
3. Learned counsel for the petitioner submitted that the above-mentioned application under Order IX Rule 13 of the Code of Civil Procedure, 1908 is pending
consideration since 2018 and the same has not been decided till date.
Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Junior Division), Agra to decide the above-mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. September 25, 2025 Rishabh A227 No. 11883 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad