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2025 DAILYLAW 202666 (ALL)

JAGATRAM TIWARI v. CHHOTELAL AND 3 OTHERS

A227/6159/2025 · 2025-10-28

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6159 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ram Prasad Dwivedi, the learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought a direction to the Civil Judge (J.D.), Shrawasti to decide Regular Suit No.1311 of 2018 expeditiously. 3. Learned counsel for the petitioner has submitted that the parties have entered into a compromise and they have filed an application for decision of the suit in terms thereof. A copy of the compromise has been annexed with the petition and a perusal of the same indicates that the parties have not filed any application under the relevant provisions contained in Order XXIII Rule 3 CPC for decision of the suit in terms of compromise. 4. When the parties have not filed any appropriate application before the trial Court for decision of the suit in terms of compromise, no direction can be given to the trial court for expeditious disposal of the suit in terms of the compromise. 5. Accordingly, the instant petition is dismissed leaving it open to the petitioner to move an appropriate application before the trial Court concerned. October 28, 2025 -Amit K- Versus Counsel for Petitioner(s) : Ram Prasad Dwivedi Counsel for Respondent(s) : (Subhash Vidyarthi,J.) Jagatram Tiwari .....Petitioner(s) Chhotelal And 3 Others .....Respondent(s) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench