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2025 DAILYLAW 175446 (ALL)

ASHOK KUMAR v. CIVIL JUDGE JUNIOR DIVISION KADIPUR SULTANPUR AND 5 OTHERS

A227/6341/2025 · 2025-11-13

S Q H Rizvi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6341 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Manoj Kumar Mishra, learned counsel for the petitioner. 2. The present writ petition has been filed, inter alia, for the following relief: "(i) To direct the learned Civil Judge (J.D.), Kadipur, Sultanpur to decide the application under Rule 1 Order X of the Code of Civil Procedure, 1908 No. (31K1) dated 17.10.2022 filed in Regular Suit No. 725/2021 'Ram Achal versus Virendra and others' suit for permanent injunction which is pending since 2022, within a stipulated period of time by this Hon'ble Court, in the interest of justice. (ii) Issue a direction to the learned Civil Judge (J.D.), Kadipur, Sultanpur direction to consider and allow the petitioner's application under Order 1 Rule 10 and implead the petitioner as a necessary party in Regular Suit No. 725/2021, titled 'Ram Achal versus Virendra and others', in the interest of justice. (iii) ...................." 3. The submission of the learned counsel for the petitioner is that the suit for permanent injunction was filed by the opposite party no.2 in the year 2021 against the opposite party nos.3 to 6. He submits that the petitioner moved an application under Order I Rule 10 of C.P.C. on 17.10.2022, Versus Counsel for Petitioner(s) : Manoj Kumar Mishra, Piyush Tripathi Counsel for Respondent(s) : Ashok Kumar .....Petitioner(s) Civil Judge Junior Division Kadipur Sultanpur And 5 Others .....Respondent(s) copy whereof is contained in annexure no.1 to the writ petition, and the same is pending for disposal before the Court of Civil Judge (J.D.), Kadipur, Sultanpur. 4. In view of the nature of the order proposed to be passed, the service of notice upon the respondents is dispensed with. 5. Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending. 6. Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with a direction to learned Civil Judge, Junior Division, Kadipur, Sultanpur (respondent No.1), before whom the aforementioned matter is pending for disposal, to decide the application filed by the petitioner under Order I Rule 10 of C.P.C. on 17.10.2022, expeditiously, strictly in accordance with law, preferably within a period of three months from the date of receipt of a certified copy of this order, unless there is any legal impediment. 7. With the aforesaid direction, the present writ petition is disposed of. November 13, 2025 Abhishek Gupta A227 No. 6341 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench