BRIJESH KUMAR MISHRA v. CIVIL JUDGE (AWAR KHAND) UTTARI ROOM NO. 25, SULTANPUR AND ANOTHER
A227/2363/2025 · 2025-04-25
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136207 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136207 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23771
Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2363 of 2025 Petitioner :- Brijesh Kumar Mishra Respondent :- Civil Judge (Awar Khand) Uttari Room No. 25, Sultanpur And Another Counsel for Petitioner :- Jay Narayan Mishra, Preeti Yadav,Simran Parveen Hon'ble Pankaj Bhatia,J.
1. Heard Ms. Priti Yadav learned Counsel for the petitioner.
2. The present petition has been filed with the following prayer :
"Issue order or direction to Commanding and directing to the opposite party No.1 i.e. Civil Judge (Awar Khand) Uttari Room No.25 Sultanpur to decide the Suit of Specific Performance of Contract Act bearing its Original Suit No. 537/19, "Gaya Prasad Vs Brijesh Kumar Mishra" regarding the Gata No.1006 area 0.3620 hect, situated at Village Katka Khanpur, Pargana- Barausa, Tehsil-Sadar, District-Sultanpur pending before him, expeditiously within prescribed period as fixed by the Hon'ble Court in the interest of Justice."
3. Contention of the counsel for the petitioner is that despite the court fees being ascertained, the same is not being paid by the plaintiff.
4. In view thereof, the present petition is disposed off permitting the petitioner to file an application under Order 7 Rule 11 (Clause-C) CPC. In case such an application is filed and it is found that the court fee has not been paid, the trial court shall pass orders thereupon within a period of four months from the application being filed. Order Date :- 25.4.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench