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2025 DAILYLAW 161342 (ALL)

JAIKARAN NATH v. CIVIL JUDGE JUNIOR DIVISION RAMSANEHIGHAT DISTT. BARABANKI AND 7 OTHERS

A227/5189/2025 · 2025-09-02

Jaspreet Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5189 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. Notice on behalf of the State respondent has been accepted by the office of the Chief Standing Counsel. In view of the order proposed to be passed by this Court, notice to the private-respondent is dispensed with. By means of the instant petition, learned counsel for the petitioner at the outset submits that he confines his prayer only for expeditious disposal of an application under Order 39 and Rule 1 and 2 CPC. He states that he may be permitted to correct the relief. He is so permitted and he shall carry out the necessary amendment during course of the day. Considering the limited relief as prayed by the learned counsel for the petitioner i.e. application under Order 39 Rule 1 and 2 CPC which is pending adjudication in Regular Suit no.362 of 1994. This Court taking note of the aforesaid is of the view that no gainful purpose would be served in keeping the writ petition pending rather ends of justice can be met by directing the court concerned to consider and decide the pending application under Order 39 Rule 1 and 2 CPC on the next date fixed, in case, if the same is not possible then within two weeks thereafter. It is made clear that the Court has not examined the case of either of the Versus Counsel for Petitioner(s) : Taufeeq Ahmad Counsel for Respondent(s) : Jaikaran Nath .....Petitioner(s) Civil Judge Junior Division Ramsanehighat Distt. Barabanki And 7 Others .....Respondent(s) parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. September 2, 2025 Harshita A227 No. 5189 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench