Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:63472 Court No. - 33 Case :- WRIT - C No. - 12623 of 2025 Petitioner :- Kanhaiya Tiwari Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Alok Krishan Tripathi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The order dated 01.04.2025 by which application filed by the private respondents under Section 5 of the Indian Limitation Act was allowed is under challenge in the present writ petition.
2. It is argued by counsel for the petitioner that against the order dated 15.11.2022, Civil Misc. Appeal No.127 of 2023 was filed by the private respondents along-with application for condonation of delay. The said application for condonation of delay was allowed by the Special Judge (SC/ST) Act, Varanasi vide order dated 01.04.2025 by imposing the costs of Rs.1,000/-. Aggrieved against the aforesaid petitioner has preferred present writ petition.
3. After some arguments counsel for the petitioner confined his prayer and prayed that appellate court before whom the Civil Misc. Appeal No.127 of 2023 filed by the private respondent is pending be directed to decide the same expeditiously.
4. Heard learned counsel for the parties.
5. With the consent of counsel for the parties, present writ petition is being disposed of at the admission stage itself.
6. In the facts and circumstances of the case, without interfering with the order dated 01.04.2024 the present writ petition is
disposed of finally directing the appellate court before whom aforesaid appeal No.127 of 2023 is pending to decide the same expeditiously.
Order Date :- 25.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad