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2025 DAILYLAW 47380 (ALL)

M/S SPAN INFRA DEVELOPERS PVT. LTD. v. M/S SARNATH AUTO ZONE PVT. LTD.

A227/4266/2025 · 2025-05-05

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71979 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4266 of 2025 Petitioner :- M/S Span Infra Developers Pvt. Ltd. Respondent :- M/S Sarnath Auto Zone Pvt. Ltd. Counsel for Petitioner :- Bhanu Bhushan Jauhari,Rishi Bhushan Jauhari Counsel for Respondent :- Satish Chandra Dubey Hon'ble Rohit Ranjan Agarwal,J. This is plaintiff's petition. In the suit instituted by plaintiff, defendant had moved an application under Order VII Rule 11 CPC which was rejected by trial court against which a revision was preferred by defendant which was disposed of by revisional court directing the trial court for framing of issues and decide the same as it is a question of both law and fact. Application 31C moved by defendant was initially deferred on the basis of pendency of application under Order VII Rule 11 CPC. By order impugned, the trial court had directed for deciding the application 31C first and fixed for 20.03.2025. Sri Rahul Sahai, learned counsel appearing for respondent submitted that till date the application has not been decided and the prayer made in the writ petition is for setting aside the order dated 12.03.2025 by which the application 31C is to be decided. After hearing learned counsel for the parties, I find that though no interference is required in the order impugned dated 12.03.2025, the trial court is directed to proceed with application 31C and decide the same, strictly in accordance with law, within a period of two months from the date of production of certified copy of this order. With the aforesaid observations, the writ petition stands disposed of. Order Date :- 6.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad