HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5427 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioner. 2. This is the second petition preferred by the petitioner seeking expeditious disposal of an application preferred by the petitioner under Order XXXIX Rules 1 and 2 CPC. 3. It has been pointed out that earlier writ petition was withdrawn by the petitioner with liberty to file a fresh with appropriate pleadings and prayer. 4. From a perusal of the material available on record, it appears that the petitioner as plaintiff had filed a suit on 17.05.2025 before the Civil Judge (Senior Division), Sitapur, registered as Case No.265/2025. 5. The trial Court had issued notices to the defendants of the suit and thereafter the matter was listed for consideration on 31.05.2025. 6. There is nothing on record to indicate as to what transpired on 31.05.2025 or thereafter as the extracts of the order-sheets which have not been placed on record. 7. It has been stated by the learned counsel for the petitioner in Para-9 that the matter was listed on three other dates i.e. 11.07.2025; 17.07.2025 and 01.09.2025 and on all the four dates, the respondents did not appear before the Court below. This statement has been incorporated in Para-9 based on a Commissioner's report which has been brought on record as Annexure No.5. Versus Counsel for Petitioner(s) : Bahar Ali Counsel for Respondent(s) : Tawakkul Husain Khan .....Petitioner(s) Smt. Parveen Jahan And Another .....Respondent(s) 8. Be that as it may, since the complete order-sheets have not been brought on record, there is no way to ascertain the fact whether the defendants were present during the commission proceedings or before the trial Court. It also does not indicate that in all the four dates as mentioned by the petitioner what transpired for this Court to form its subjective satisfaction regarding the delay in not consideration of the application under Order XXXIX Rules 1 and 2 CPC, hence, at this stage, this Court is not inclined to entertain the petition, however, leaving it open for the petitioner to move an appropriate application before the Court concerned. In case, such an application is moved needless to say the same shall be considered and pass appropriate order in accordance with law taking note of the administrative orders passed by this Court relating to disposal of an application under Order XXXIX Rules 1 and 2 CPC. 9. With the aforesaid liberty, the petition is dismissed. September 10, 2025 Rakesh/- A227 No. 5427 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench