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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6731 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J.
1. Heard learned counsel for petitioner as well as learned State Counsel and perused the record. 2. The present writ petition has been preferred with the following main prayers:-
" Wherefore it is most respectfully prayed that this hon'ble court may graciously be pleased to:- (i) Issue an order or direction commanding the learned Civil Judge (Sr. Div.) Court No.15 Sultanpur to decide the application bearing No.6C2(6 Ga-2) under order 39 rule 1& 2 of C.P.C filed in the original Suit No.694/2024 titled as Afzal Khan Versus Ahmad & ors. pending before learned Civil Judge ( Sr.Div.) Court No.15 Sultanpur, within stipulated period of time. (ii) Issue an order or direction commanding the learned Civil Judge (Sr.. Div.) Court No.15 Sultanpur to decide the original Suit No.694/2024 titled as Afzal Khan Versus Ahmad & Ors. pending before learned Civil Judge (Sr. Div) Court no. 15, Sultanpur, within stipulated time"
3. Learned counsel for the petitioner has very fairly submitted that prayer no. 2 is pre-mature and he may be permitted to withdraw the same. 4. As prayed, prayer no. 2 is dismissed as not pressed for the reason that the suit has been filed in the year 2024 and the prayer has been made for issuing direction to the trial court to decide the same. 5. The petitioner is the respondent in the suit and he has already filed an objection against the application under Order 39 Rule 1 and 2 C.P.C on 17.12.2024, but the same has not been decided till date. Versus Counsel for Petitioner(s) : Gyanendra Mishra Counsel for Respondent(s) :
Gufran Khan @ Gufran .....Petitioner(s) Afzal Khan And 4 Others .....Respondent(s)
6. On being asked whether any urgency application for early disposal of the application has been preferred before the trial court indicating urgency in the matter, learned counsel for petitioner has submitted that no such urgency application for early disposal of the application bearing No.6C2(6 Ga-2) under order 39 rule 1& 2 of C.P.C filed in the original Suit No.694/2024 titled as Afzal Khan Versus Ahmad & ors. pending before learned Civil Judge ( Sr.Div.) Court No.15 Sultanpur, has been preferred by the petitioner.
He prays that the present writ petition may be disposed of with liberty to the petitioner to move an urgency application for early disposal of the application and the learned trial court may be directed to decide the same within the stipulated time as this Court may fix. 7. Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner. 8. On the request of learned counsel for the petitioner and without entering into the merits of the case, the present writ petition is disposed of with liberty to the petitioner to move an appropriate application before the trial court indicating urgency for early disposal of the application bearing No. 6C2(6 Ga- 2) under order 39 rule 1& 2 of C.P.C filed in the original Suit No.694/2024 titled as Afzal Khan Versus Ahmad & ors. pending before learned Civil Judge ( Sr.Div.) Court No.15 Sultanpur. If any such application is preferred alongwith certified copy of this order, it is expected that the trial court shall decide the urgency application expeditiously, in accordance with law after giving opportunity of hearing to the parties concerned and without granting any unnecessary adjournment to either of the parties. November 24, 2025 DiVYa A227 No. 6731 of 2025 2 (Manish Kumar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench