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2025 DAILYLAW 28122 (ALL)

MOHAMMAD ARIF v. SMT. MITALI DEVI

A227/2376/2025 · 2025-03-10

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:35472 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2376 of 2025 Petitioner :- Mohammad Arif Respondent :- Smt. Mitali Devi Counsel for Petitioner :- Mohammad Waseem Hon'ble Rohit Ranjan Agarwal,J. This is a defendant's petition. This writ petition has been filed with the following prayer:- "(i) Issue an order or direction to the Trial Court (Civil Judge, Junior Division, Varanasi) to consider and decide direct the Trial Court (Civil Judge, Junior Division, Varanasi) to consider and decide application under order VII rule 11 of the CPC (Paper No.14 C) in Original Suit no.2305 of 2023 (Mitali Devi V/S Mohammad Arif) filed by petitioner/Defendant expeditiously within a specified time or time bound manner as this court may fix." In a suit instituted by the plaintiff-respondent, the petitioner had preferred an application under Order 7 Rule 11 CPC (Paper No.14- C), which is pending consideration. The sole prayer made in the writ petition is for early disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the respondent, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge, Junior Division, Varanasi to decide the application filed under Order VII Rule 11 of the CPC (Paper No.14 C) in Original Suit no.2305 of 2023, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of four 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 :- 11.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad