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2025 DAILYLAW 29977 (ALL)

AMAR SINGH v. RAM SAJEEVAN YADAV AND 3 OTHERS

A227/2554/2025 · 2025-04-09

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:52674 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2554 of 2025 Petitioner :- Amar Singh Respondent :- Ram Sajeevan Yadav And 3 Others Counsel for Petitioner :- Ravindra Kumar Pandey,Satyendra Kumar Dwivedi,Vani Tiwari Hon'ble Rohit Ranjan Agarwal,J. Petitioner before this Court had earlier approached this Court through Matters Under Article 227 No.932 of 2024 which was disposed of on 06.03.2024 and following order was passed:- "1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed praying for directing learned Civil Judge (Junior Division), Soran, Allahbad (Prayagraj) to decide the Original Suit No. 527 of 2012 (Amar Singh Vs. Ram Sajivan Yadav & others). 3. Contention of learned counsel for the petitioner is that the suit is pending since 2012, opposite parties have appeared before the court below but have not filed their written statement. 4. From perusal of the order sheet, annexed as Annexure No. 2 to the petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid suit has not been decided. 5. No useful purpose would be served in keeping this petition pending. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (Junior Division), Soran, Allahbad (Prayagraj) to decide the aforesaid suit, in accordance with law, expeditiously, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. " Present writ petition has been filed with the following prayers:- "(i) To direct the Court of Civil Judge (J.D.) /F.T.C. Allahabad to decide this matter by day to day hearing, if possible or fix date for disposal of above petition. (ii) To issue any such and further suitable, order or direction which this Hon'ble court may deem fit and proper considering all the facts and circumstances of the case." From perusal of the prayers made in the writ petition, it transpires that it is the second writ petition for the same cause of action. Second writ petition for the same cause of action is not maintainable and the same stands dismissed. Order Date :- 10.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad