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2025 DAILYLAW 17079 (ALL)

BADSHAH ALI v. SARFARAZ AHMAD

A227/1347/2025 · 2025-02-11

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:19558 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1347 of 2025 Petitioner :- Badshah Ali Respondent :- Sarfaraz Ahmad Counsel for Petitioner :- Dinesh Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. This is defendant's petition. In a suit filed by the plaintiff-respondent, an application under Order 7 Rule 11 (a)(d) CPC has been filed by the petitioner, which is pending consideration. The sole prayer made in the writ petition is for early disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondent, the matter is being disposed of, at the admission stage, with a direction upon Additional Civil Judge (S.D.), Varanasi to decide the pending application under Order 7 Rule 11 (a)(d) CPC filed in Original Suit No.243 of 2013, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 11.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad