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2025 DAILYLAW 12189 (ALL)

M/S SHUBHRA MOTEL PRIVATE LIMITED v. PRABANDHAK SHRI GANDHI AASHRAM KHADI BHANDAR SHUBHRA COMPLEX AND ANOTHER

A227/10497/2025 · 2025-09-03

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10497 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "(i). direct the Additional Civil Judge (Junior Division) / Judicial Magistrate, Court No. 07, Ghazipur to consider and decide the Original Suit No. 1066 of 2018 (M/s Shubhra Motel Private Limited Versus Prabandhak Gandhi Aashram Khadi Bhandar and another) which is pending since 14.11.2018, expeditiously as soon as possible, within stipulated period of time as this Hon'ble Court may fix. (ii). direct the defendants / respondents to vacate the Shop No. 15, 16 and 17 situated at Shubhra Complex, Mahuabagh, City Ghazipur, during the pendency of present Misc. Petition (Civil) before this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the aforementioned suit is pending before Additional Civil Judge (Junior Division) / Judicial Magistrate, Court No. 07, Ghazipur for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. Versus Counsel for Petitioner(s) : Shashank Kumar, Vinod Kumar Yadav Counsel for Respondent(s) : M/S Shubhra Motel Private Limited .....Petitioner(s) Prabandhak Shri Gandhi Aashram Khadi Bhandar Shubhra Complex And Another .....Respondent(s) 5. The present petition stands disposed of finally with a direction to the Additional Civil Judge (Junior Division) / Judicial Magistrate, Court No. 07, Ghazipur to consider and decide the aforementioned case of the petitioner, in accordance with law, expeditiously after ensuring service upon all the respondents, after giving opportunity of hearing to the parties concerned and after giving a reasonable opportunity of leading evidence in respect of their case provided that there is no other legal impediment. September 4, 2025 S. Singh A227 No. 10497 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad