HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5391 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioners. In view of order being passed, notices to opposite parties stand dispensed with. 2. Present petition under Article 227 of Constitution of India has been filed with prayer for allowing application under Section 151 of the Code of Civil Procedure, 1908(hereinafter referred to as the Code) dated 07.07.2025 filed in Regular Suit No.1574 of 2012 by defendants 2 and 7 who are petitioners herein. Further prayer for allowing the Application under Order 26 Rule 9 read with Order 39 Rule 7 of the Code dated 24.04.2025 filed by petitioners in the said suit has also been sought. In the alternative, prayer has been made for a direction to court concerned to expedite hearing of aforesaid Applications and to strictly comply with order dated 30.05.2014 passed by this Court for expediting proceedings of the Regular Suit. 3. In view of pleadings and prayers so made, it is thus evident that a suit for declaration and injunction was filed by some of the opposite parties as plaintiffs. Petitioners have been arrayed as one of the defendants in the said suit. It is during the course of proceedings that aforesaid applications have been filed on the premise that the nature of one of the suit property indicated as C-10 is being changed. 4. In such circumstances, it would be expedient in the interest of justice that the applications preferred by petitioners before the court concerned be decided expeditiously. 5. It has been submitted that the next date fixed before the trial court is 03.10.2025. It is also submitted that all the defendants in suit proceedings have already put in appearance and filed their written statements. It is also submitted that no objections to aforesaid Versus Counsel for Petitioner(s) : Rama Shanker Singh Counsel for Respondent(s) : Shri Upendra Kumar And Another .....Petitioner(s) Late Shri Birendra Kumar Thru. His Lrs 1/1 Sri Anoop Kumar And Others .....Respondent(s) applications have been filed till date despite time having been granted for same. 6. Considering aforesaid facts and circumstances, particularly the fact that such applications are already pending consideration before court concerned in the suit proceedings wherein defendants have already put in appearance and filed their written statement, the court concerned being the Additional Civil Judge (Senior Division), Court No.43, Lucknow is directed to decide aforesaid Applications expeditiously without granting any adjournment on the next date fixed, i.e. 03.10.2025. In case for some reason, the applications cannot be decided on the next date fixed, the trial court shall decide the aforesaid applications within a period of ten days thereafter. 7. With aforesaid direction, the petition stands finally disposed of. September 18, 2025 kvg/- A227 No. 5391 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench