SANTOSH KUMAR SRIVASTAVA v. ASHUTOSH KUMAR SRIVASTAVA AND ANOTHER
A227/4668/2025 · 2025-05-06
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54196 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54196 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73148 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4668 of 2025 Petitioner :- Santosh Kumar Srivastava Respondent :- Ashutosh Kumar Srivastava And Another Counsel for Petitioner :- Anand Kumar Ray Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:-
"1) to issue a direction to the Civil Judge (Jr.Div.), Court No.2, Gorakhpur to decide the counter claim filed by petitioner alongwith written statement in the Civil Suit No.404 of 2017, Ashutosh Kumar Srivastava Versus Santosh Kumar Srivastava pending in the aforesaid court be decided within a specified period as directed by this Hon'ble Court." It is contended that in the suit instituted by plaintiffs-respondents, a counterclaim has been filed by the defendant-petitioner which is pending consideration. The sole prayer made in the writ petition is for deciding the counterclaim. 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 (Junior Division), Court No.2, Gorakhpur to decide the counterclaim filed in Civil Suit No.404 of 2017, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of one year 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 :- 7.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad