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2025 DAILYLAW 54663 (ALL)

RATNESH KUMAR v. VIKAS PANDEY ADOPTED AND 2 OTHERS

A227/4630/2025 · 2025-05-06

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:73384 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4630 of 2025 Petitioner :- Ratnesh Kumar Respondent :- Vikas Pandey Adopted And 2 Others Counsel for Petitioner :- Sudhanshu Pratap Singh Hon'ble Rohit Ranjan Agarwal,J. 1. Petitioner-plaintiff had instituted a suit for specific performance against defendants-respondents which was decreed ex-parte on 14.11.2024. According to petitioner, as stated in para no. 8, no application under Order IX Rule 13 has been filed for setting aside the ex-parte decree. An Execution Case No. 32 of 2024 was filed by plaintiff and during the pendency of the said execution case, defendants had started construction over the property in dispute. A stay application has been filed in Execution Case No. 32 of 2024, which is pending consideration. The sole prayer made is for expeditious disposal of the stay application. 2. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the stay application filed in Execution Case No. 32 of 2024 arising out of Original Suit No. 203 of 2023 (Old Case No. 1412 of 2018), in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 3. With the aforesaid directions, writ petition stands disposed of. 4. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 7.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad