SUNDER LAL AND 2 OTHERS v. SMT. KRISHNA ALIAS VEERWATI AND ANOTHER
A227/1752/2025 · 2025-02-19
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 20459 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20459 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:24892
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1752 of 2025 Petitioner :- Sunder Lal And 2 Others Respondent :- Smt. Krishna Alias Veerwati And Another Counsel for Petitioner :- Krishna Bali Sharma,Sharad Shekhar Sharma Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"(a) directing the Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the application under 10 C.P.C. for stay of trial dated 18.10.2024 pending in the Original Suit No.493 of 2024 (Smt. Krishna alias Veerwati and another versus Sunder Lal and others) expeditiously within a stipulated period as fix by this Hon'ble Court in the interest of justice;"
2. It is contended by learned counsel for the petitioners that plaintiffs-respondents had filed two suits wherein parties are the same and the dispute is also in respect of the same property. According to petitioners, defendants have moved an application under Section 10 CPC for stay of the subsequent suit filed by plaintiffs-respondents which is pending consideration.
3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the application moved under Section 10 C.P.C. pending in Original Suit No. 493 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 20.2.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad