Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:122392 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7777 of 2025 Petitioner :- Buddho And 3 Others Respondent :- Dharam Pal And Another Counsel for Petitioner :- Sanjai Srivastava Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
"(a) An order or direction to decide the application paper no. 33 ga under order 39 rule 3& 4 C.P.C. in the Original Suit no. 114/2024 'Dharam Pal and another Vs Smt Buddho and others' pending before the Learned Civil Judge (Junior Division)District-Bareily, with regard to a part of Gata no. 393/1 area 0.389 hectare situated in village Village Pandari, Pargana Sarsavan, Tehsil- Bahedi, District-Bareilly. (b) An order or direction directing the respondents/Plaintiffs not to interfere with the right of the petitioners/defancednts to use the land in accordance with law with appropriate direction."
3. Contention of the learned counsel for the petitioner is that an application under
Order 39 Rule 3 & 4 is pending before learned Civil Judge (Junior Division) District-Bareily and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition pending.
5. Accordingly, the present petition stands disposed of finally with a direction to the learned Civil Judge (Junior Division) District-Bareily to consider and decide the aforementioned application, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
Order Date :- 25.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad