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2025 DAILYLAW 145790 (ALL)

SHYAM BADADUR YADAV v. JAYKARAN AND 4 OTHERS

A227/3816/2025 · 2025-08-27

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3816 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner. 2. In view of the order proposed to be passed today, notice to private respondents is dispensed with. 3. The petitioner has approached this Court with the limited prayer that his application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, filed on 21.05.2025 in RS No.150/2021, may be expedited. 4. From the perusal of the material on record, the petitioner has merely filed extracts of the order sheet relating to the period of March, 2025 till 01.05.2025. There is nothing on record to indicate the status thereafter. 5. The record further indicates that the matter was filed in the month of June, 2025 and the Court had directed the matter to come up on 03.07.2025 as fresh. The matter was again taken up on 12.08.2025, on which none appeared on behalf of the petitioner. 6. Be that as it may, this Court, in the facts and circumstances where there is no ample material to ascertain the cause of delay, is not inclined to entertain the petition, leaving it open for the petitioner to move an appropriate application before the court concerned seeking expedition of his application under Order XXXIX Rule 1 and 2 CPC. In case such an application is moved, the same shall be considered and decided by the court concerned in accordance with law. 7. With the aforesaid observations, the writ petition is disposed of. August 27, 2025 Shubhankar Versus Counsel for Petitioner(s) : Adarsh Kumar Maurya, Adarsh Kumar Maurya, Rakesh Kumar Maurya, Shubham Yadav Counsel for Respondent(s) : (Jaspreet Singh,J.) Shyam Badadur Yadav .....Petitioner(s) Jaykaran And 4 Others .....Respondent(s) Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench