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2025 DAILYLAW 47047 (ALL)

HARSH RAJ GUPTA AND ANOTHER v. SUSHILA DEVI AND 4 OTHERS

A227/4089/2025 · 2025-04-23

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62225 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4089 of 2025 Petitioner :- Harsh Raj Gupta And Another Respondent :- Sushila Devi And 4 Others Counsel for Petitioner :- Sunil Kumar Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "(I) issue an order or direction to the learned Civil Judge (Junior Division), Allahabad to set aside the proceeding of Civil Suit No. 194 of 2019 (Aashish Gupta & others v. Nagar Panchayat Kurwali & another), pending in the Court of Civil Judge (S.D.), Mainpuri." The prayer made in the writ petition cannot be granted. However, when the Court was going to dismiss the writ petition, learned counsel for petitioner states that already an application under Order VII Rule 11 CPC has been filed which is pending consideration, and the same may be decided expeditiously. In view of the said facts, in case, such an application is pending consideration, the Court below is hereby directed to proceed with the said application and decide the same strictly in accordance with law, after hearing all the affected parties, preferably within a period of four months from the date of production of certified copy of this order. With the aforesaid directions, writ petition stands disposed of. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 24.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad