SUNEEL KUMAR PARASAR v. RAM PRAKASH SINGH TOMAR AND ANOTHER
A227/1988/2025 · 2025-02-26
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21756 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21756 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27558 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1988 of 2025 Petitioner :- Suneel Kumar Parasar Respondent :- Ram Prakash Singh Tomar And Another Counsel for Petitioner :- Ravindra Kumar Tripathi Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"Issue an order or direction to directing the Learned Civil Judge (Junior Division) Fatehabad, Agra to decide the Misc. Case No. 131 of 2021 (Suneel Kumar Vs. Ram Prakash Singh Tomar and others) filed under order 39 Rule 2 (A) within stipulated time period as directed by this Hon'ble Court pending since 26-07-2021. of C.P.C."
2. It is contended that in the suit instituted by plaintiff, an application for grant of temporary injunction was moved, which was allowed by the trial Court. As the temporary injunction was flouted by the defendant-respondents, an application under Order XXXIX, Rule 2-A C.P.C. was moved, which is pending
consideration. The sole prayer made in the writ petition is to decide the said application which has been registered as Misc. Case No.131 of 2021 (Suneel Kumar Vs. Ram Prakash Singh Tomar and others).
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 Civil Judge (Junior Division), Fatehabad, Agra to decide Misc. Case No.131 of 2021 (Suneel Kumar vs. Ram Prakash Singh Tomar & Others) under
Order XXXIX, Rule 2-A C.P.C. in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands
disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 27.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad