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2025 DAILYLAW 157718 (ALL)

GAGAN KAPIL v. CIVIL JUDGE (SENIOR DIVISION) MALIHABAD LKO. AND 3 OTHERS

A227/4865/2025 · 2025-08-14

Jaspreet Singh

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47751 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4865 of 2025 Petitioner :- Gagan Kapil Respondent :- Civil Judge (Senior Division) Malihabad Lko. And 3 Others Counsel for Petitioner :- Sudhir Kumar Misra Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. In view of the order proposed to be passed by this Court, notice to the respondents is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of the application filed under Order 39 Rule 1 and 2 C.P.C. in Civil Suit No. 648 of 2024 pending before the Civil Judge(Senior Division), Malihabad, Lucknow. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid case has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the opposite party no. 1 to decide the aforesaid pending application most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the case of the petitioner strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 14.8.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench