Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 52311 (ALL)

MANOJ KUMAR AND ANOTHER v. SMT. RANI AND 14 OTHERS

A227/4467/2025 · 2025-05-01

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:69802 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4467 of 2025 Petitioner :- Manoj Kumar And Another Respondent :- Smt. Rani And 14 Others Counsel for Petitioner :- Savita Pathak Hon'ble Rohit Ranjan Agarwal,J. 1. Earlier, petitioner had approached this Court in Matters under Article 227 No. 6303 of 2021 which was disposed of on 12.11.2021 and following order was passed:- "Heard learned counsel for the petitioner. In view of the order proposed to be passed, notices need not go to the respondents. The petitioner has preferred the present petition under Article 227 of the Constitution of India inter-alia with the prayer to direct the Civil Judge (Senior Division) Basti to decide the Misc Case No. 02 of 2015 expeditiously. It is contended by learned counsel for the petitioner that the matter is pending since long and various dates were fixed, till date no decision has been final taken. He further argued that due to pendency of the aforesaid case, the petitioner is suffering from irreparable loss and prays for expeditious disposal. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the court below to consider and decide the aforesaid case in accordance with law expeditiously and preferably within a period of six months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment." 2. This is the second writ petition with the same prayer for deciding Misc. Case No. 02 of 2015. 3. Learned counsel for the petitioners submits that suit filed by plaintiff was dismissed for want of prosecution and an application under Order IX Rule 9 CPC was moved which is pending consideration. Despite the earlier direction of writ Court issued in the year 2021 for deciding the application Order IX Rule 9 CPC within bound period, the said application has not been decided till date. 4. Thought the second writ petition is not maintainable for the same cause of action yet looking to the facts of the case, this Court finds that earlier direction has been issued by co-ordinate Bench in the year 2021 but the trial court has not proceeded to decide the same and honour the order passed by this Court. 5. The trial court is further granted three months time to comply the order passed by co-ordinate Bench and file compliance report before Registrar (Compliance) once the order is passed. 6. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 2.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad