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2025 DAILYLAW 122408 (ALL)

VISHAL AGRAWAL v. SANJAY KUMAR SINGH

WRIA/1605/2025 · 2025-02-11

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8710 Court No. - 7 Case :- WRIT - A No. - 1605 of 2025 Petitioner :- Vishal Agrawal Respondent :- Sanjay Kumar Singh Counsel for Petitioner :- Sushil Kumar Pathak Counsel for Respondent :- Sankalp Mehrotra,Abhishek Dhaon Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as Sri Sankalp Mehrotra, learned Counsel appearing on behalf of the respondent. 2.The present petition has been filed challenging the order dated 09.09.2024, whereby, the application under Order VII Rule 11 filed by the defendant-petitioner was rejected by holding that there is no provision or applicability of the proceedings under Order VII Rule 11 in the proceedings of U.P. Act No.13 of 1972 as well as the order dated 15.01.2025, by which, the revision has been dismissed. 3. It is argued by the Counsel for the petitioner that on the one hand, the application has been rejected, he apprehends that even a issue has been framed in that regard. 4. Considering the fact that the case is pending before the JSC Court and it is well settled that the JSC Court is to decide the points of determination arrived at in between the parties, the apprehension appears to be without any merit, as such, the writ petition is disposed off directing the Civil Judge (Senior Division), Sitapur, where the main Case No.129 of 2018 is pending, to decide the same strictly in accordance with law without giving any unnecessary adjournments to any of the parties positively within a period of one year from today. Order Date :- 11.2.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench