Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12676 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:
" 1. To issue order or direction in the nature of mandamus commanding the learned Civil Judge-I, (Junior Division), Kasganj to decide the proceeding of the misc.case no. 55 of 2024 (Devendra Vs. Nitin Kumar and 03 and others) filed under order 39 Rule 2 (a) C.P.C. paper no.4C2 filed in original suit no. 180 of 2024 (Devendra Vs. Nitin Kumar and 02 others) within time stipulated by this Hon'ble court."
3. Contention of the learned counsel for the petitioner is that an application under Order XXXIX Rule 2(A) of C.P.C. is pending since 2024 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-I, (Junior Division), Kasganj to consider and decide the aforementioned application in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, 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 17, 2025 Nitika Sri. Versus Counsel for Petitioner(s) : Abhishek Ankur Chaurasia, Diwan Saifullah Khan Counsel for Respondent(s) :
(Manish Kumar Nigam,J.) Devendra .....Petitioner(s) Nitin Kumar And 3 Others .....Respondent(s) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad