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2025 DAILYLAW 25036 (ALL)

RACHIT ARORA AND 2 OTHERS v. SANTOSH KUMAR AND 3 OTHERS

A227/2120/2025 · 2025-03-03

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:30460 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2120 of 2025 Petitioner :- Rachit Arora And 2 Others Respondent :- Santosh Kumar And 3 Others Counsel for Petitioner :- Ramesh Chandra Pal Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "1. Issue an order or direction to call for the records of the case and set aside the order dated 22.10.2021, passed by the Learned Additional District and Session Judge-8 Ghaziabad in Original Suit No. 309 of 2020 and order dated 16.02.2024 and 13.08.2024 passed by the learned Additional District and Session Judge 13 Ghaziabad in Execution Case No. 01 or 2022. 2. Issue an appropriate order or direction to the Learned Additional District and Session Judge-13 Ghaziabad to pass an order on the application of the Petitioners filed on 30.08.2024 under order 1 Rule 10(2) C.P.C." Learned counsel for the petitioners at the very outset submits that he is not pressing the first prayer and is confining only to the second prayer made in the writ petition for a direction upon the Court concerned to decide the application filed under Order I, Rule 10(2) C.P.C. on 20.08.2024. 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 Additional District & Sessions Judge-13, Ghaziabad to decide the application dated 30.08.2024 under Order I, Rule 10(2) C.P.C. in Original Suit No.309 of 2020, 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. 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