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2025 DAILYLAW 40900 (ALL)

BHAGWAN MURTI SHRI 1008 EK HAJAR AAATH BHAGWAN MAHAVIR SWAMI SHI DIGAMBAR JAIN PANCHAYATI MANDIR A v. AMIT JAIN AND 10 OTHERS

A227/3658/2025 · 2025-04-15

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55822 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3658 of 2025 Petitioner :- Bhagwan Murti Shri 1008 Ek Hajar Aaath Bhagwan Mahavir Swami Shi Digambar Jain Panchayati Mandir And Another Respondent :- Amit Jain And 10 Others Counsel for Petitioner :- Pramod Kumar Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "(1) direct the learned court below, Civil Judge (Senior Division) Muzaffar Nagar to decide finally the pending application filed under Order 1 Rule 8, Civil Procedure Code in Misc. Case (Civil) No. 282 of 2022 (Murti Shri 1008, Bhagwan Mahavir Swami Shri Digambhar Jain and others Versus Amit Jain and others) as expeditiously as possible within as shortest time bound period within two months." It is contended that an application under Order 1 Rule 8 CPC is pending consideration since 2022. 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, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division), Muzaffar Nagar to decide the application filed under Order 1 Rule 8 CPC in Misc. Case No.282 of 2022, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of six 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 :- 16.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad