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2025 DAILYLAW 103705 (ALL)

SHAHABUDDIN v. MOHAMMAD RAHISH AND 5 OTHERS

A227/12248/2025 · 2025-10-06

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12248 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Certified copy of the order sheet filed by learned counsel for the petitioner is taken on record. 2. Heard learned counsel for the petitioner and perused the record. 3. The instant writ petition has been filed for following relief: "Issue order or direction in the suitable in nature directing the learned Civil Judge (J.D.) Bansgaon, District Gorakhpur to decide the application under Order 1 Rule 10 of C.P.C. filed on behalf of Nasibdar Son of Sukralli, Resident of Village Naraichpar, Post Newas, Tappa Kurmauta, Pargana Dhuriyapar, Tehsil Khajni, District Gorakhpur in Original Suit No.1010 of 2021 (Mohammad Rahish & others Vs. Shabana Parveen & others) who executed the sale deed in favour of the defendant- Proforma-respondent no.5, within stipulated period as may be fixed by this Hon'ble Court.." 4. Contention of the learned counsel for the petitioner is that an application under Order 1 Rule 10 C.P.C. is pending since 2021 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 5. In view of above, no useful purpose would be served in keeping this petition pending. 6. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (J.D.) Bansgaon, District Gorakhpur to consider Versus Counsel for Petitioner(s) : Varunesh Shukl Counsel for Respondent(s) : Shahabuddin .....Petitioner(s) Mohammad Rahish And 5 Others .....Respondent(s) and decide the aforesaid 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. October 7, 2025 Ved Prakash A227 No. 12248 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad