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2025 DAILYLAW 51703 (ALL)

THAKUR KRISHNA CHANDRA JI MAHRAJ, VIRAJMAN BAG AND ANOTHER v. PRESIDING, RAD CROSS SOCIETY, SHREEMAN, COLLECTOR AND 2 OTHERS

A227/4393/2025 · 2025-04-30

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:68806 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4393 of 2025 Petitioner :- Thakur Krishna Chandra Ji Mahraj, Virajman Bag And Another Respondent :- Presiding, Rad Cross Society, Shreeman, Collector And 2 Others Counsel for Petitioner :- Sunil Kumar Dubey Counsel for Respondent :- Sanjay Kumar Dubey Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "i) issue an appropriate order or direction, directing the Civil Judge (Senior Division)/F.T.C.-I, Hathras to conclude the proceeding of Regular Misc. No.- 4 of 12023 (Thakur Krishna Chandra Ji Mahrai Va. President Red Cross Society and others) file Under Order-9, Rule-9 of C.P.C. in Original Suit No.- 359 of 1990 (Thakur Krishna Chandra Ji Mahraj Vs. President Red Cross Society and others), within stipulated period as this Hon'ble Court may deem fit and proper." It is contended that the Suit filed by the plaintiff was dismissed for want of prosecution, against which, an application under Order 9 Rule 9 was preferred in Original Suit No.359 of 1990, which is pending consideration being registered as Regular Misc. Case No.4 of 2023. The sole prayer made in the writ petition is for early disposal of the said case. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division)/F.T.C.-I, Hathras to decide the Regular Misc. Case No.4 of 2023, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of four 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 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad