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Neutral Citation No. - 2025:AHC:56610 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3750 of 2025 Petitioner :- Gyandas Respondent :- Raghunath Das Counsel for Petitioner :- Shambhavi Nandan Hon'ble Rohit Ranjan Agarwal,J.
1. It is contended that an order has been passed on an application moved under Order XXVI Rule 9 CPC for Amin Commission but till date the order dated 18.12.2023 was not complied. Plaintiff petitioner has moved an application 25C on 6.5.2024 for compliance of the order dated 18.12.2023, which is pending
consideration before the court concerned. The sole prayer made in writ petition for expeditious disposal of the application 25C.
2. 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 respondent, with a direction upon Additional Civil Judge (Senior Division), Court No. 2, Varanasi to decide the application 25-C filed in Suit No. 1297 of 2017, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
3. With the aforesaid directions, writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 17.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad