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2025 DAILYLAW 67429 (ALL)

NATTHI SINGH AND ANOTHER v. BHURI SINGH AND 19 OTHERS

A227/6140/2025 · 2025-07-23

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121954 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6140 of 2025 Petitioner :- Natthi Singh And Another Respondent :- Bhuri Singh And 19 Others Counsel for Petitioner :- Dinesh Kumar Singh Counsel for Respondent :- Avinash Chandra Srivastava Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: " (I) Issue an appropriate order or direction commanding the respondents to maintain status-quo over the suit property i.e. Khasra No.235/38 having its area 0.4740 hectare situated at Mauja-Bhaujua, Tehsil-Mahawan, District- Mathura during the pendency of the present petition. (II) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. (III) Award the costs of the writ petition in favour of plaintiffs- petitioners. (IV) Issue an appropriate order or direction commanding the Court of Additional Civil Judge (Junior Division), Court No.8, Mathura to decide the Application dated 19.10.2022 Under Order 39 Rule 2A of C.P.C. of the petitioners-plaintiffs in the Misc. Case No. 432 of 2022 (Natthi Singh and another Versus Bhuri Singh and others) arising out of Original Suit No. 159 of 2015 (Natthi Singh and another Versus Bhuri Singh and others), expeditiously within the time framed as stipulated by this Hon'ble Court."" 3. Contention of the learned counsel for the petitioners is that an application under Order 39 Rule 2A is pending since 19.10.2022. 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 Addl. Civil Judge (J.D.) Court No.8, Mathura to consider and decide the aforementioned application, in accordance with law, expeditiously, preferably within a period of one year 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 :- 24.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad