Neutral Citation No. - 2025:AHC:31175 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1161 of 2025 Petitioner :- Anil Kumar And Another Respondent :- Rajeev Kumar Counsel for Petitioner :- Ravi Agrawal Hon'ble Rohit Ranjan Agarwal,J. 1. Pursuant to order dated 13.02.2025, reports from Civil Judge (Senior Division), Muzaffarnagar has come which is on record. 2. From perusal of the report, it transpires that application filed under Order XXXIX Rule 2A CPC has been finally adjudicated on 25.02.2025. 3. This Court is shocked by the way the matter is being conducted in the civil courts. The suit filed by plaintiff-respondent was dismissed against which a civil appeal was preferred by plaintiff- respondent which was also dismissed. However, during the pendency of the civil suit, an application under Order XXXIX Rule 2A CPC was moved by plaintiff-respondent which had remained pending. Even after the disposal of the civil appeal by appellate court, the file of application under Order XXXIX Rule 2A filed in original suit was continuing and court below was fixing date after date. Counsel representing for both the parties i.e. plaintiffs and defendants filed applications and reply to each others' applications but they were not apprising the court that suit has already been decided and has been dismissed against which an appeal was preferred by plaintiff which has also been dismissed. The Court is surprised to note the conduct of Civil Judge (Senior Division), Muzaffarnagar that almost 10 to 15 days were fixed but he did not care to go through the file and peruse the order-sheet and pass the necessary order on the application under Order XXXIX Rule 2A CPC. 4. The Civil Judge (Senior Division), Muzaffarnagar should have applied his mind and passed the necessary orders once the suit itself was decided and appeal against the judgment was also dismissed. After filing of the writ petition and instructions having sought from Civil Judge (Senior Division), Muzaffarnagar, the necessary orders have been passed on application under Order XXXIX Rule 2A CPC on 25.02.2025. 5. In view of above, the file is consigned to records. Order Date :- 5.3.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad