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2025 DAILYLAW 40733 (ALL)

MOHD. AZAM AND 2 OTHERS v. ZUBAIR AHMAD KHAN

A227/8153/2023 · 2025-07-14

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114171 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8153 of 2023 Petitioner :- Mohd. Azam And 2 Others Respondent :- Zubair Ahmad Khan Counsel for Petitioner :- Sanjay Kumar Nigam Counsel for Respondent :- Manish Tandon Hon'ble Manish Kumar Nigam,J. 1. Heard Shri Sanjay Kumar Nigam, learned counsel for the petitioners and Shri Manish Tandon, learned counsel for the respondent. Perused the record. 2. This writ petition has been filed challenging the order dated 16.12.2022 passed by the Lower Appellate Court rejecting the application filed by the defendant-appellant in a Misc. appeal for bringing the documents on record. 3. This Court, by order dated 20.11.2023, has directed that final orders may not be passed by the Court below in appeal. 4. Shri Manish Tandon, learned counsel for the respondent has submitted that this petition may be allowed and a direction be issued to decide the appeal, expeditiously, in a time frame, as fixed by this Court. 5. Shri Sanjay Kumar Nigam, learned counsel for the petitioner has no objection to the same. 6. With the consent of learned counsel for the parties, the writ petition is allowed and the order dated 16.12.2022 passed by Additional District Judge, Court No.10, Kanpur Nagar is hereby quashed. 7. Application filed by the petitioner for additional evidence is also allowed. The Appellate Court i.e. Additional District Judge, Court No.10, Kanpur Nagar, is directed to consider and decide the appeal, in accordance with law, expeditiously, preferably within four months from the date of production of a certified copy of this order after hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 15.7.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad