BHAGWAN MURTI SHRI AND ANOTHER v. SRI DIGAMBAR JAIN ATISHAY CENTRA AND 4 OTHERS
A227/2448/2025 · 2025-03-11
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28738 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28738 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36705 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2448 of 2025 Petitioner :- Bhagwan Murti Shri And Another Respondent :- Sri Digambar Jain Atishay Centra And 4 Others Counsel for Petitioner :- Pramod Kumar Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"direct the learned court below Civil Court (Senior Division) Muzaffar Nagar to decide finally the pending application filed under Order 1 Rule 8 Civil Procedure Code in Misc. Case (Civil) No. 270 of 2022 (Bhagwan Murti 1008 Parshwnath Ji and others Versus Sri Digambar Jain and others) as expeditiously as possible within a shortest time bound period of two months." It is contended that an application under Order I Rule 8 C.P.C. is pending consideration since 2022. 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), Muzaffarnagar to decide the application under Order I, Rule 8 C.P.C. filed in Misc. Case (Civil) No.270 of 2022 (Bhagwan Murti 1008 Parshwnath Ji and others Versus Sri Digambar Jain and others), 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 :- 12.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad