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2025 DAILYLAW 103956 (ALL)

MAKBUL AND 4 OTHERS v. ANWAR AND 28 OTHERS

WRIC/33880/2024 · 2025-02-19

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26747 Court No. - 7 Case :- WRIT - C No. - 33880 of 2024 Petitioner :- Makbul And 4 Others Respondent :- Anwar And 28 Others Counsel for Petitioner :- Chandan Kumar Jaiswal,Puneet Bhadauria Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners and perused the record. 2. The basic relief sought by the petitioners in the present petition is to direct the respondent i.e. Sub District Magistrate, Kasya, District Kushinagar to decide the petitioners' interim application pending in Case Number Nil of 2024 in between (Makbul Vs. Anwar and Others) under section 116 of U.P. Revenue Code, Mauja Kasya Tappa, Mainpur, Pargana Sidhuwa Jobna, Tehsil Kasya, District Kushinagar within a span of time so stipulated by this Hon'ble Court. 3. It is argued that alongwith partition suit an interim application has been filed by the petitioners. Though various dates were fixed in the aforesaid suit but till date no final decision has been taken in the interim application filed by the petitioners. 4. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the Sub District Magistrate, Kasya, District Kushinagar to consider and decide the aforesaid application in accordance with law on the next date fixed in the matter after hearing all the parties concerned. If on account of any reason no orders were passed on the aforesaid date, the decision will be taken on the aforesaid application strictly in accordance with law most expeditiously and preferably within a period of four weeks from the date fixed in the matter. Order Date :- 20.2.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad