HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12708 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "Direct the learned concern court to decide an application dated 24.04.23 moved by the Petitioners/Defendants (Set No.1) under order XXXIX Rule 1 and 2 C.P.C. along with their counter claim in O.S. No. 528/2020(Suresh Chand Yadav Vs Saurabh Dhar Dubey and others) pending in the court of Civil Judge (Senior Division) Gorakhpur, with a prayer to prohibit the Respondents/Plaintiffs for executing any sale deed regarding the properties shown in the counter claim, within some limited period preferably on day to day basis." 3. Learned counsel for the petitioner submitted that the application dated 24.04.23 filed by the Petitioners/Defendants (Set No.1) under order XXXIX Rule 1 and 2 C.P.C. is pending consideration since 2023 and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. 4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division), Gorakhpur to decide the above-mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. October 17, 2025 Rishabh Versus Counsel for Petitioner(s) : Hari Keshav Counsel for Respondent(s) : (Manish Kumar Nigam,J.) Saurabh Dhar Dubey And Another .....Petitioner(s) Suresh Chand Yadav (Since Deceased) And 5 Others .....Respondent(s) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad