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2025 DAILYLAW 24118 (ALL)

SUKHDEV AND 4 OTHERS v. RAMESH CHAND

A227/2111/2025 · 2025-03-03

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30679 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2111 of 2025 Petitioner :- Sukhdev And 4 Others Respondent :- Ramesh Chand Counsel for Petitioner :- Devesh Kumar Sharma Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "Issue an order or direction to direct the Civil Judge (Senior Division) Mathura, District-Mathura to decide the application 30ka Dated 06.05.2024 filed by the petitioners in Suit no./ Case No-990 of 2023 (Sukhdev & 4 Other Vs Ramesh Chand) within stipulated period fix by this Hon'ble Court." It is contended that the plaintiff had moved an application (30Ka) for withdrawal of the suit on 06.05.2024, which is still pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said application. 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 (Senior Division), Mathura to decide application (30Ka) filed in Suit No.990 of 2023 (Sukhdev & 4 Others vs. Ramesh Chand), in accordance with law, preferably within a period of one month from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 4.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad