BRIJRAJ MISHRA v. COMMISSIONER VARANASI AND 16 OTHERS
WRIC/13598/2025 · 2025-05-08
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51847 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51847 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75407 Court No. - 35 Case :- WRIT - C No. - 13598 of 2025 Petitioner :- Brijraj Mishra Respondent :- Commissioner Varanasi And 16 Others Counsel for Petitioner :- Abhishek Kumar,Ashish Kumar Gupta Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed for the following reliefs:-
"i. To issue a writ order or direction in the nature of mandamus commanding the respondent No.1 to decide the stay application filed in appeal No. C202574000001056 of 2025 District Chandauli under section 207 of U.P. Revenue Code 2006, styled as Brijraj Mishra Vs. Brijbhushan Mishra and others pending in the court of Commissioner. Varanasi Division Varanasi."
3. Contention of learned counsel for the petitioner is that a final decree in partition suit has been passed on 20.02.2025. Challenging the same, the petitioner has filed an appeal on 19.03.2025 along with the stay application. During the pendency of the appeal as well as the stay application, the respondents have moved an application for execution of judgment and decree dated 20.02.2025 on which an order has passed of execution by the trial court. It has been submitted that appeal of the petitioner is pending and the stay application is also pending consideration. 4. Learned Standing Counsel has submitted that no useful purpose would be served in keeping this petition pending and it would be in the interest of justice to direct the appellate court to decide the stay application filed by the petitioner within a time frame as may be fixed by this Court. 5. In view of the same, respondent No.1- Commissioner, Varanasi, Division Varanasi is directed to consider and decide the stay application filed by the petitioner expeditiously, preferably, within a period of six weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and
without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. Till the disposal of stay application, parties are directed to maintain status quo. 7.
It is made clear that petitioner will not try to linger on the proceedings by seeking any undue adjournment and in case, the petitioner seeks unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. 8. Accordingly, this writ petition stands disposed of. Order Date :- 9.5.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad