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2025 DAILYLAW 22007 (ALL)

VINOD KUMAR v. STATE OF U.P. AND 9 OTHERS

A227/1890/2025 · 2025-03-04

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31842 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1890 of 2025 Petitioner :- Vinod Kumar Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Ashish Pandey,Rajendra Prasad Tripathi Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed seeking direction upon the Civil Judge (Senior Division), Shamli to decide the application filed under Order XXXIX Rule 1 and 2 read with Section 151 CPC filed in Suit No. 39 of 2018 within a time frame fixed by this Court. 2. It is contended by learned counsel for the petitioner that application filed under Order XXXIX Rule 1 and 2 read with Section 151 CPC by petitioner in Suit No. 39 of 2018 is pending consideration and till date same has not been decided by the court concerned. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed off, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Civil Judge (Senior Division), Shamli to decide the application filed under Order XXXIX Rule 1 and 2 read with Section 151 CPC filed in Suit No. 39 of 2018, 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 directions, writ petition stands disposed off. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 5.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad