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2025 DAILYLAW 102584 (ALL)

VIRENDRA KUMAR v. KUSHMAWATI DEVI AND 2 OTHERS

A227/12032/2025 · 2025-10-05

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12032 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 :- "To direct the Civil Judge (Senior Division), Gorakhpur to decide the application 7c under order 39 Rule 1 & 2 and section 151 of C.P.C. dated 09.10.2024 of the plaintiffs for interim relief pending in the Suit No. 970 of 2024 (Ritesh Kumar and another Vs. Kushmawati Devi and another) under Section 15, 16 and 38 of Specific Relief Act and 2section 9 of C.P.C. for specific performance of contract and permanent injunction, pending before him, within stipulated period." 3. Learned counsel for the petitioner submitted that the above-mentioned application is pending consideration since 2024 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 (Senior Division), Gorakhpur 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. October 6, 2025 Rishabh Versus Counsel for Petitioner(s) : Ritesh Singh, Suresh Singh Counsel for Respondent(s) : (Manish Kumar Nigam,J.) Virendra Kumar .....Petitioner(s) Kushmawati Devi And 2 Others .....Respondent(s) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad