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2025 DAILYLAW 104489 (ALL)

MADHUSUDAN SHARMA v. SUBEER KUMAR SHARMA AND 4 OTHERS

A227/12335/2025 · 2025-10-09

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12335 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Shri Amrish Sahai, Advocate filed memo of appearance on behalf of respondent no. 5 which is taken on record. 2. Heard learned counsel for the petitioner, learned counsel for respondent no. 5 and perused the record. 3. The instant writ petition has been filed for following relief: "Issue an order or direction directing the set aside the court of Civil Judge (Junior Division) Pashchimi Ballia to decide the stay application bearing paper no. 11C2 filed in misc. case no. 340 of 2025, Madhusudan Sharma Versus Subeer Kumar Sharma and others, arising out to the order dated 08.08.2025 passed in misc. case no.213 of 2025, Subeer Kumar Sharma and others Versus Shivkumari Devi." 4. Contention of the learned counsel for the petitioner is that the stay application (11C2 Application) is pending consideration 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 Versus Counsel for Petitioner(s) : Dhruv Tripathi, Sunil Kumar Counsel for Respondent(s) : Sachin Mishra Madhusudan Sharma .....Petitioner(s) Subeer Kumar Sharma And 4 Others .....Respondent(s) keeping this petition pending. 6. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Junior Division) Pashchimi Ballia to consider and decide the stay application (11C2 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 10, 2025 Ved Prakash A227 No. 12335 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad