C.P. MISHRA AND 3 OTHERS v. STATE OF U.P. AND 11 OTHERS
A227/5495/2025 · 2025-05-26
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 61809 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61809 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90364 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5495 of 2025 Petitioner :- C.P. Mishra And 3 Others Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Manoj Kumar Singh Counsel for Respondent :- C.S.C.,Pawan Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:-
"(1) Set-aside the impugned order dated 11.03.2024 passed by the Civil Judge (Senior Division), F.T.C., Allahabad in Original Suit No.1057 of 2005 (Chandra Prakash Mishra and others Vs. State of U.P. and others) (Annexure No.6 to this petition). (II) Direct the to direct the Civil Judge (Senior Division) F.T.C. Allahabad to decide the Misc. Case No. 13/2024 filed under Order IX Rule 9 C.P.C. in Original Suit No.1057/2005, (Chandra Prakash Mishra and others Vs. State of U.P. and others), within stipulated period to be specified by this Hon'ble Court."
Learned counsel for the petitioners, at the very outset, states that he is not pressing the first prayer made in the writ petition, and is only confining to the second prayer. It is contended that the suit instituted by plaintiffs-petitioners was dismissed for want of prosecution, and an application under Order IX Rule 9 CPC was filed which is pending consideration. The second prayer made in the writ petition is for expeditious disposal of the said application which has been registered as Misc. Case No.13 of 2024. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division)/F.T.C. Allahabad to decide the Misc. Case No.13 of 2024 filed under Order 9 Rule 9 CPC in Suit No.1057 of 2005, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of three 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. Sri Brijendra Kumar Kumar, learned counsel has appeared for respondent no.4.
Order Date :- 27.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad