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2025 DAILYLAW 34521 (ALL)

RAMESH CHANDRA v. KAMLESH CHNDRA

A227/3095/2025 · 2025-03-31

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:44855 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3095 of 2025 Petitioner :- Ramesh Chandra Respondent :- Kamlesh Chandra Counsel for Petitioner :- Sanjay Kumar Srivastava Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- " It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Civil Judge (Senior Division) F.T.C., Allahabad to decide the application of the petitioner under section 340 Cr.P.C. (Paper No. 10C) filed in Misc. Case No.35 of 2023 (Kamlesh Chandra vs. Ramesh Chandra) in misc. case no. 45 of 2024 arising out of Original Suit No.2890 of 2017 (Ramesh Chandra vs. Kamlesh Chandra) within stipulated period so that the justice may be done; otherwise the applicant / petitioner shall suffer irreparable loss and injury." 2. It is contended by learned counsel for the petitioner that an application under Section 340 Cr.P.C. (Paper No. 10C) has been filed by plaintiff-petitioner in Suit No. 2890 of 2017. The sole prayer made is for expeditious disposal of the application filed under Section 340 Cr.P.C. 3. 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 aforesaid application filed under Section 340 Cr.P.C. (Paper No. 10C), in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 1.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad