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Neutral Citation No. - 2025:AHC:35448 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2383 of 2025 Petitioner :- Arun Kumar Respondent :- Balram Dixit And Another Counsel for Petitioner :- Sunil Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:-
"I. Issue an appropriate order or direction and to direct the Additional Civil Judge (Sr. Division) IV, Kanpur Nagar to decide the counter claim filed on behalf of petitioner dated 07.04.2018 by passing a decree of eviction against plaintiff/respondent from the House No.438, which is pending since 2018, within stipulated period." It is contended by learned counsel for the petitioner that in the suit instituted by the plaintiff-respondent, a counterclaim was filed by the defendant-petitioner on 07.04.2018. The suit was dismissed for want of prosecution on 28.07.2023, thereafter, no restoration application, till date, has been filed by the plaintiffs. The sole prayer made in the writ petition is for early disposal of the counterclaim. 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 Additional Civil Judge (Sr. Division) IV, Kanpur Nagar to decide the counter claim dated 07.04.2018 strictly in accordance with law expeditiously preferably within a period of six 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