AJAY KUMAR SINGH AND ANOTHER v. BRIJ BIHARI SINGH AND 7 OTHERS
A227/2423/2025 · 2025-03-11
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29202 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29202 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36649 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2423 of 2025 Petitioner :- Ajay Kumar Singh And Another Respondent :- Brij Bihari Singh And 7 Others Counsel for Petitioner :- Bhupendra Kuamr Tripathi,Vijay Kumar Gupta Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"order or direction directing the learned court to decide the application dated 12.09.2022 filed by the the Petitioners/Defendant for the modification in the
order dated 10.04.2017 Passed in an application under order 39 Rule 1 and 2 read with section 151 C.P.C. to this extent that the said order will be applicable only on the alleged land of the plaintiff whose boundaries have been given in the plaint (Annexure No.3 to this petition)." It is contended that an application has been filed by the defendants-petitioners for modification of order dated 10.4.2017, which is pending consideration since then. The sole prayer made in the writ petition is for expeditious disposal of the said modification 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 Court concerned to decide the application dated 12.09.2022 for modification of order dated 10.04.2017 in Suit No. 657 of 2002, in accordance with law, after hearing all affected parties, preferably within a period of three 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