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2025 DAILYLAW 171575 (ALL)

SMT. GEETA MIGLANI v. GURDAYAL SINGH AND ANOTHER

A227/12887/2025 · 2025-10-28

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12887 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "I. Issue necessary direction to the 2nd Additional Civil Judge (S.D.), Gautam Buddh Nagar to decide the Misc. Case No. 4 of 2022 filed under Order 9 Rule 9 read with Section 151 C.P.C in Original Suit No. 214 of 2003 (Smt. Geeta Miglani vs. Gurdayal Singh Sandhu and another) within time bound period which may be fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that an application under Order IX Rule 9 of C.P.C. is pending since 2022 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the 2nd Additional Civil Judge (S.D.), Gautam Buddh Nagar to consider and decide the aforementioned application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. October 29, 2025 Nitika Sri. Versus Counsel for Petitioner(s) : Uma Nath Pandey Counsel for Respondent(s) : (Manish Kumar Nigam,J.) Smt. Geeta Miglani .....Petitioner(s) Gurdayal Singh And Another .....Respondent(s) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad