UPENDRA KUMAR MAHESHWARI AND 3 OTHERS v. NIKHIL MAHESHWARI
A227/4380/2025 · 2025-04-30
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47788 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47788 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68612 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4380 of 2025 Petitioner :- Upendra Kumar Maheshwari And 3 Others Respondent :- Nikhil Maheshwari Counsel for Petitioner :- Rajesh Yadav,Santosh Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J. This is the defendants' petition. This writ petition has been filed with the following prayer:
"Issue suitable order or direction to the Court concerned to decide the application dated 04.10.2024 (27C2) (Annexure No. 8 the petition) filed in Case No. 311 of 2021 (Nikhil Maheshwari Versus Upendra Kumar Maheshwari) pending before the Court of Learned Civil Judge, (Senior Division), Etah pending since 2021 within the stipulated period." It is contended that an application 27C2 has been moved by the defendants for getting the matter investigated as some false affidavit along with Vakalatnama has been filed on behalf of defendants, which is alleged to have not been filed by the defendants, which is pending consideration. 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 (Senior Division), Etah to decide the application dated 04.10.2024 (paper No.27C2) in Case No.311 of 2021 (Nikhil Maheshwari vs. Upendra Kumar Maheshwari), in accordance with law, after hearing all affected parties, preferably within a period of three 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 :- 1.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad