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2025 DAILYLAW 50847 (ALL)

HARI BANSH YADAV v. KRISHNA SWAROOP YADAV AND ANOTHER

A227/4421/2025 · 2025-04-30

Rohit Ranjan Agarwal

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68824 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4421 of 2025 Petitioner :- Hari Bansh Yadav Respondent :- Krishna Swaroop Yadav And Another Counsel for Petitioner :- Om Prakash Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i-direct the Special Judge POCSO-111 Allahabad to decide the Civil Appeal No.96/2024 (Harbansh Yadav vs. Krishna Swaroop and others) filed by petitioner under section 96 and 41 of C.P.C. against the order and decree dated 30-7-2024 passed by Additional Civil Judge (J.D.) West Allahabad in Case No. 844/2020 (Harbansh Yadav vs. Krishna Swaroop Yadav and others) within stipulated period as fixed by this Hon'ble Court." 2. This is plaintiff's petition. It is contended that suit instituted by plaintiff was dismissed against which Civil Appeal No. 96 of 2024 was filed which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the civil appeal. 3. 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 court concerned to decide the Civil Appeal No.96/2024 (Harbansh Yadav vs. Krishna Swaroop and others), in accordance with law, after hearing all affected parties, preferably within a period of one year from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 1.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad