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2025 DAILYLAW 29125 (ALL)

MANTI DEVI v. ASHA DEVI

A227/2427/2025 · 2025-03-11

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:36663 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2427 of 2025 Petitioner :- Manti Devi Respondent :- Asha Devi Counsel for Petitioner :- Manoj Yadav Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "Issue order, or direction the Learned Civil Judge (Junior Division) East Ballia to decide the Application dated 11.02.2025 filed by respondent/plaintiff under order 23(1) C.P.C. in original Suit No. 1569/2024 (Asha Devi Vs. Manti Devi) pending before him within stipulated short period as directed by this Hon'ble Court." It is contended by counsel for the petitioner that an application under Order XXIII, Rule 1 C.P.C. for withdrawal of the suit is pending consideration before Civil Judge (Junior Division) East, Ballia. 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 (Junior Division) East Ballia to decide the application dated 11.02.2025 under Order XXIII, Rule 1 C.P.C. in Suit No. 1569 of 2024 (Asha Devi vs. Manti Devi), 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