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Neutral Citation No. - 2025:AHC-LKO:49323 Court No. - 17 Case :- MATTERS UNDER ARTICLE 227 No. - 4975 of 2025 Petitioner :- Ram Kumar And 4 Others Respondent :- Gangaram And 5 Others Counsel for Petitioner :- Shesh Mani Shukla Hon'ble Manish Kumar,J. Heard. Present writ petition has been preferred with following main relief:-
" i) Issue order or direction thereby commanding the learned Court of Civil Judge (Senior Division), Room No. 15, Sultanpur to expedite the hearing of application under order 39 Rule 1 and 2 C.P.C. filed in Regular Suit No. 780/2021, " Ram Kumar and others Vs. Gangaram and others" which is pending since 2021 before him, which copy is contained as annexure no. 1 to this writ petition, in the interest of justice. ii) Issue order or direction thereby commanding the learned Court of Civil Judge (Senior Division), Room No. 15, Sultanpur to expedite the hearing of Regular Suit No. 780/2021, "Ram Kumar and others Vs. Gangaram and others" which is pending since 2021 before him, which copy is contained as annexure no. 2 in the interest of justice. "
Learned counsel for the petitioners has submitted that an application under Order 39 Rule 1 & 2 C.P.C. in the Regular Suit No. 780 of 2021 filed by the petitioners before the Civil Judge (Senior Division), Room No. 15, Sultanpur is pending since the year 2021 hence, direction may be issued to the Court concerned to decide the application under Order 39 Rule 1 & 2 C.P.C. as well as Regular Suit within a stipulated time as this Court may deem fit and proper.
On being asked learned counsel for the petitioners whether he has moved any urgency application before the Court concerned for early disposal of the application preferred under Order 39 Rule 1 and 2 C.P.C. or not, he has very fairly stated that no such application has been preferred till date. The present petition is disposed of with liberty to the petitioners to move an appropriate application before the court concerned for early disposal of the application preferred under Order 39 Rule 1 and 2 C.P.C as well as Regular Suit, which is pending since the year 2021. In case, any such application is preferred, it is expected that every endeavour shall be made by Court concerned to decide the same, in accordance with law, if there is no other legal impediment, without granting any unnecessary adjournment to either of the parties and if any adjournment is sought by either of the parties, only short dates may be fixed.
Order Date :- 22.8.2025 Ashish Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench