Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84374 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5220 of 2025 Petitioner :- Jaishankar Dixit Respondent :- Bhagwan Dixit And Another Counsel for Petitioner :- Rajesh Kumar Yadav Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:
"To issue an order or direction, direct the learned Civil Judge (Senior Division) Chandauli to decide the Misc. case no. 108 of 2016 (Jaishankar Dixit Vs. Bhagwandas Dixit and another), under section 340(1) of Criminal Procedure Code, Police Station Alinagar, District Chandauli filed in Original suit no. 26 of 2014 (Bhagwandas Dixit and others Vs. Harishankar Dixit and others) pending before him since 22.10.2016 expeditiously within stipulated period to be fixed by this Hon'ble Court."
2. It is contended that the suit instituted by the plaintiff, application under Section 340(1) Cr.P.C. has been filed in the year 2016, which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the same.
3. 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 (Senior Division), Chandauli to decide Misc. Case No. 108 of 2016 (Jaishankar Dixit Vs. Bhagwandas Dixit and another), under section 340(1) of Criminal Procedure Code, Police Station Alinagar, District Chandauli filed in Original suit no. 26 of 2014 (Bhagwandas Dixit and others Vs. Harishankar Dixit and others), in accordance with law, after hearing all affected parties, preferably within a period of six months from the date of production of certified copy of this order.
4. With the aforesaid direction, present writ petition stands
disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 20.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad