Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80172 Court No. - 35 Case :- WRIT - C No. - 14114 of 2025 Petitioner :- Daya Shankar Respondent :- State Of U.P. And 30 Others Counsel for Petitioner :- Dheeraj Kumar Yadav,Hari Prasad Yadav Counsel for Respondent :- Azad Rai,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 seeking following relief :-
"Issue a writ, order or direction in the nature mandamus directing to respondent no. 2 to decide the application dated 21-03-2025 under order 39 Rule-1 of C.P.C. in Case No. T202502030404115/ 2025 (Daya Shankar Vs. Lal Ji and others) within stipulated period as fixed by this Hon'ble Court."
3. Contention of learned counsel for the petitioner is that an application under Order 39 Rule 1 CPC has been filed by the petitioner in the aforesaid suit filed under Section 116 of the U.P. Revenue Code, 2006 and the same is pending consideration. Learned counsel prayed that the same may be decided expeditiously.
4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to respondent No.2 to decide the above-mentioned application, in accordance with law, expeditiously, preferably within eight weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 14.5.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad