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2025 DAILYLAW 144335 (ALL)

MANJU DEVI v. COURT OF CIVIL JUDGE (JUNIOR DIVISION) SOUTH UNNAO AND 2 OTHERS

A227/3722/2025 · 2025-06-10

S Q H Rizvi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35365 Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3722 of 2025 Petitioner :- Manju Devi Respondent :- Court Of Civil Judge (Junior Division) South Unnao And 2 Others Counsel for Petitioner :- Bhanupriya Singh Hon'ble Syed Qamar Hasan Rizvi,J. 1. Heard Sri Bhanupriya Singh, learned counsel for the petitioner. 2. By means of the present writ petition, the petitioner has prayed for the following relief: "To issue an order directing the opposite party no.1 to expedite the hearing and disposal of the Civil Misc. Case No.-41 of 2017 (Manju Devi versus Binda Prasad and another), pending before the opposite party no.1 within the time to be stipulated by this Hon'ble Court." 3. The submission of the learned counsel for the petitioner is that the proceedings under Order IX Rule 13 C.P.C. in Civil Misc. Case No. 41 of 2017 (Manju Devi versus Binda Prasad & another), is pending for disposal before the opposite party no.1 since 2017. It is further submitted by the learned counsel for the petitioner that objection to the said application filed under Order IX Rule 13 C.P.C. has already been submitted by the defendants in the aforesaid proceedings. He further submits that due to pendency of the aforesaid case, the petitioner is facing undue hardship. 4. In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 2 & 3 is dispensed with. 5. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 6. Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the learned Civil Judge (Junior Division) South, Unnao (respondent No. 1), before whom the aforementioned proceeding is pending for disposal, to expeditiously decide the Misc. Case No. 41 of 2017, strictly in accordance with law, by a reasoned order on merit, within a period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment. 7. With the aforesaid observations/direction, the present writ petition is disposed of. Order Date :- 10.6.2025 Abhishek Gupta Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench