DR. VIKRAM MEHTA v. COURT OF CIVIL JUDGE (S.D.) MALIHIBAD LKO. AND ANOTHER
A227/3624/2025 · 2025-09-19
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3624 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J.
1. Heard learned counsel for the petitioner.
2. In view of the order proposed by this Court, notice to the private respondents is dispensed with.
3. The petitioner has approached this Court with the limited prayer that he had moved an application under Order XXXIX Rule 1 and 2 C.P.C. in Regular Suit No. 1048 of 2018 which has been duly served on the respondent, however, the same is being delayed.
4. It has also been pointed out that the defendant has already submitted its written statement and had also moved an application under Order VII Rule 11 C.P.C. which was rejected and the application is ripe for hearing but for reasons beyond the control of the petitioner, the application still remains undisposed.
5. Considering the aforesaid and without entering into the merits, this Court is of the opinion that no gainful purpose will be served in keeping the petition pending, accordingly, the petition is disposed of with a direction to the court concerned to consider and decide the pending application under Order XXXIX Rule 1 and 2 C.P.C. as expeditiously as possible and most preferrably on the next date fixed which is reported to be 26th September, 2025 and in case if the same is not possible then within a period of three weeks thereafter. Versus Counsel for Petitioner(s) : Pritish Kumar, Amal Rastogi, Amit Kumar Srivastava Counsel for Respondent(s) : Dr. Vikram Mehta .....Petitioner(s) Court Of Civil Judge (S.D.) Malihibad Lko. And Another .....Respondent(s)
6. It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall decide the same strictly in accordance with law after affording full opportunity of hearing to the parties concerned. September 19, 2025 Asheesh A227 No. 3624 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench