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Neutral Citation No. - 2025:AHC:80055 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4972 of 2025 Petitioner :- Shivshankar Respondent :- Chauthi And 22 Others Counsel for Petitioner :- Ganesh Mani,Ritesh Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the petition directing the Court of Learned Civil Judge (J.D.) West, Ballia to decide the application 6C(2) filed on 11.01.2018, Application for Substitution No.35Ka(1) as well as permanent Injunction Suit No.64 of 2018 (Chauthi and another Vs. Shivshankar and others) filed by the respondents/plaintiffs within a stipulated period as fixed by this Hon'ble Court on the basis of day to day hearing otherwise petitioners shall suffer irreparable loss and injury." Counsel for the petitioner at the very outset states that he is not pressing the prayer made for seeking a direction to decide the Suit No.64 of 2018 and is only seeking a direction for deciding the application 6C(2) filed on 11.01.2018 as well as substitution application No.35Ka(1) in the aforesaid suit, which is pending
consideration. 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 Civil Judge (Junior Division), West, Ballia to decide the temporary injunction application (6-C2) as well as substitution application No.35Ka(1) filed in Original Suit No. 64 of 2018 (Chauthi and another Vs. Shivshankar and others), in accordance with law, after hearing all affected parties, preferably within a period of two months 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 :- 15.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad