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2025 DAILYLAW 18654 (ALL)

SHYAM SUNDER VARSHNEYA v. STATE OF U.P. AND 8 OTHERS

A227/1508/2025 · 2025-02-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22565 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1508 of 2025 Petitioner :- Shyam Sunder Varshneya Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Shivendra Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This is defendant's petition. This writ petition has been filed with the following prayer; "It is, therefore most respectfully prayed that Hon'ble Court may graciously be pleased to allow the instant petition of the petitioner and pass a suitable order or direction in suitable nature, directing the learned Civil Judge (S.D.) F.T.C. Aligarh, to decide/expedite the Application No.76C2/2022, in Original Suit No.624/2020 (Bhagwati Prasad And Others Versus Ghanshyamdas And Others), without granting unnecessary adjournment within stipulated period of time after providing the opportunities of being heard on merit to both the parties concerned without any undue delay, which this Hon'ble Court may deem fit and proper to fix in the interest of justice for just and fair decision of the case." 2. It is contended that an application filed under Order VII Rule 11 CPC is pending consideration. Prayer made in writ petition for disposal of application No. 76C2/2022. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Civil Judge (S.D.) F.T.C. Aligarh, to decide Application No.76C2/2022, filed in Original Suit No.624/2020, in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.2.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad