SMT. MALTI DEVI AND 3 OTHERS v. SUGREEV KHARWAR AND ANOTHER
A227/1936/2025 · 2025-03-11
Rohit Ranjan Agarwal
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 23006 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23006 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36453 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1936 of 2025 Petitioner :- Smt. Malti Devi And 3 Others Respondent :- Sugreev Kharwar And Another Counsel for Petitioner :- Rahul Singh,Ranjeet Asthana Hon'ble Rohit Ranjan Agarwal,J.
1. This is plaintiffs' petition.
2. It is contended that in the suit instituted by plaintiff petitioners, defendants filed counter claim. The said suit was partially decreed but the counter claim filed by defendants was allowed. Against the
judgment and decree, a civil appeal being Civil Appeal No. 8 of 2023 has been preferred by plaintiff petitioners. It is further contended that a stay application has been moved in the said appeal on 25.01.2023 which is still pending consideration.
3. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondent, the matter is being disposed of, at the admission stage, with a direction upon the Additional District and Sessions Judge, Court No. 1, Ballia, to decide the stay application dated 25.01.2023 filed in Civil Appeal No. 8 of 2023, after hearing all the concerned parties, strictly in accordance with law, expeditiously, preferably within a period of one month 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 merits.
Order Date :- 12.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad