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2025 DAILYLAW 45744 (ALL)

RAM HARAKH v. BALRAM AND 6 OTHERS

A227/3966/2025 · 2025-05-06

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:73246 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3966 of 2025 Petitioner :- Ram Harakh Respondent :- Balram And 6 Others Counsel for Petitioner :- Avinash Jaiswal,Radheshyam Yadav,Surendra Kumar Verma Hon'ble Rohit Ranjan Agarwal,J. Supplementary affidavit, filed today, is taken on record. This writ petition has been filed with the following prayer:- "i. to issue an order or direction directing Court of Civil Judge, Junior Division/F.T.C., Gorakhpur to decide the Original Suit No. 650 of 2004 (Ram Harakh Vs. Balram) pending since 2004 expeditiously within stipulated period fixed by this Hon'ble Court." It is contended by learned counsel for the petitioner that 7-C2 application, filed in Original Suit No.650 of 2004, is pending consideration before the Court concerned. 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, 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 Civil Judge, Junior Division/F.T.C., Gorakhpur to decide the 7-C2 application filed in Original Suit No.650 of 2004 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. 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 :- 7.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad