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2025 DAILYLAW 190945 (ALL)

RAM AUTAR SINGH v. MANISH KUMAR CHAUHAN AND 2 OTHERS

A227/12468/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12468 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: "direct the Court of Ld. Civil Judge (Senior Division), Moradabad, to decide the objection against paper по.б-с & application under 0.39 R.4 of CPC dated 27.3.2025, available on record as paper no.30-ga (30-c) & 31-ga (31-c), filed by petitioner in Suit No.1259 of 2024, annexed as (Annexure-8), within a time specified by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that objection against application paper no. 6C, under Order XXXIX Rule 4 C.P.C. is pending consideration 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 Civil Judge (Senior Division), Moradabad to consider and decide the aforesaid objections, in accordance Versus Counsel for Petitioner(s) : Radhamani Saxena Counsel for Respondent(s) : Ram Autar Singh .....Petitioner(s) Manish Kumar Chauhan And 2 Others .....Respondent(s) 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 concerned parties as well as 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 14, 2025 Ved Prakash A227 No. 12468 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad