Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 60566 (ALL)

WATSON LOGISTIC PVT. LTD. v. SHYAM LAL AND 8 OTHERS

A227/5254/2025 · 2025-05-20

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:85592 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5254 of 2025 Petitioner :- Watson Logistic Pvt. Ltd. Respondent :- Shyam Lal And 8 Others Counsel for Petitioner :- Deepak Kashinath Dubey Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer: "Issue an order or direction to direct the learned court to decide the application (Paper No. 139Ga) (Annexure No. 4 to this present petition) Under Order 22 Rule 10 of C.P.C., 1908, within stipulated time fixed by this Hon'ble Court before passing any further order in the declaratory suit for injunction bearing suit no. 818 of 2006 (Shyam Lal Maurya Vs. Madan Lal Maurya & others) before learned Civil Judge (S.D.), Room No. 3, Varanasi" It is contended that an application under Order XXII, Rule 10 C.P.C. is pending consideration as the petitioner being the purchaser of the property in dispute. The application has been registered as Paper No.139Ga, which is pending consideration. The sole prayer made in the writ petition is for earlier disposal of the same. 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), Room No.3, Varanasi to decide the application, paper No.139Ga, filed in Original Suit No.818 of 2006 (Shyam Lal Maurya vs. Madan Lal Maurya & Ors.), in accordance with law, after hearing all affected parties, preferably within a period of four months from the date of production of certified copy of this order. Counsel for the petitioner submits that the plaintiff has moved an application for withdrawal of the suit. In case, the said application is pending, the Court below shall consider and pass necessary order on the same. 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 :- 21.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad