SHRI SANJAY KUMAR AND ANOTHER v. CIVIL JUDGE (SENIOR) DIVISION MALIHABAD LKO. AND 2 OTHERS
A227/6133/2025 · 2025-10-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 190116 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 190116 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6133 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Mohak Srivastava, the learned counsel for the petitioner.
2. At the outset, the learned counsel for the petitioner stated that he has erroneously impleaded Civil Judge, Senior Division, Malihabad, Lucknow as an opposite party to the writ petition and he has made an oral prayer to permit him to delete the same from the array of opposite parties.
3. The oral request of the learned counsel for the petitioner is accepted and he is permitted to correct the description of parties in the writ petition by deleting the name of Civil Judge, Senior Division, Malihabad, Lucknow and renumber the opposite parties.
4. Office is directed to correct the name of parties in the records and computer system of this Court accordingly.
5. This is the second petition filed by the petitioner under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Judge, Senior Division, Malihabad, Lucknow for expeditious disposal of the Regular Suit No.1924 of 2022.
6. Earlier the petitioner has filed a petition under Article 227 No.934 of 2024 which was dimissed by means of an order dated 26.02.2024. However, it was observed that in case any cause for expedition arises in future, the dismissal of that petition would not create a hurdle in filing of a fresh petition. Versus Counsel for Petitioner(s) : Mohak Srivastava, Vaibhav Srivastava Counsel for Respondent(s) :
Shri Sanjay Kumar And Another .....Petitioner(s) Civil Judge (Senior) Division Malihabad Lko. And 2 Others .....Respondent(s)
7. In response to a specific question put by the Court, the learned counsel for the petitioner admitted that the petitioners are defendants in the suit, no order of injunction is operating against them and they have not raised any objections.
8. Mere pendency of the suit filed by the opposite parties does not appear to be causing any such prejudice to the petitioners as would warrant issuance of a direction for expeditious disposal of the suit.
9. Accordingly, the present petition is dismissed. October 17, 2025 -Amit K- A227 No. 6133 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench