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2025 DAILYLAW 156791 (ALL)

KAILASPRAKASH v. SHIV JEET AND ANOTHER

A227/4775/2025 · 2025-08-08

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46363 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4775 of 2025 Petitioner :- Kailasprakash Respondent :- Shiv Jeet And Another Counsel for Petitioner :- Pankaj Kumar Singh,Saurabh Yadav Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. By means of the present petition, the petitioner prays for following reliefs: "1. to issue order or direction directing to the Civil Judge (Junior Division) Haveli, District-Ayodhya to decide the application no.6 C-2 under Order-39, Rule-2 & 3 C.P.C arising out in Civil Suit no.400 of 2025. (Kailaspraksh v/s Shiv Jeet & Another) within a stipulated time as possible as contained in Annexure No.1 to this application. 2. To issue order or direction to the opposite party no.1 & 2 not to disturb the peaceful possession of the applicant till the disposal of the application under Order-39, Rule 2 & 3 (Paper No.6C-2) in the interest of justice." Having considered the aforesaid submissions and from a perusal of the material on record it indicates that the suit for cancellation of the sale deed was filed on 14.05.2025 along with said suit an application under Order 39 Rule 1 and 2 CPC was filed. Upon which, notices were issued to the defendant respondent. From a perusal of the extracts of the order sheet which is at running page no.33 indicates that the matter was listed on 15.07.2025, on which date, none had appeared and the matter was listed on 22.07.2025. It does not indicate as to what transpire thereafter, accordingly, this Court is not inclined to entertain the petition which is accordingly dismissed leaving it open for the petitioner to move an application before the court concerned. Needless to say that the same shall be considered and decided strictly in accordance with law. With the aforesaid the petition is dismissed. Order Date :- 8.8.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench