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2025 DAILYLAW 67586 (ALL)

JAGMOHAN v. STATE OF U.P. AND 2 OTHERS

A227/6159/2025 · 2025-07-07

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:107083 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6159 of 2025 Petitioner :- Jagmohan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Tiwari Counsel for Respondent :- C.S.C. 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 a suitable order or direction the Learned Civil Judge (Junior Division) Kanpur Dehat to decide the Application Under Order 39 Rule 1 & 2 read with under section 151 C.P.C. filed by plaintiff/petitioner dated 28.05.2024 in Original Suit No. 495 of 2024 (Jagmohan Vs. State of U.P. and others) within short stipulated time period as may be specified by this Hon'ble Court. 11. Issue a suitable order or direction till the disposal of aforesaid Application Under Order 39 Rule 1 & 2 read with under section 151 C.P.C. the respondents may be directed to not dispossess the petitioner/plaintiff upon the land in dispute arazi no. 363 area 2 biswa situated at village- Jamuniyapurwa Makanpur, Tehsil- Bilhaur, District Kanpur Dehat and maintain status quo upon the land in dispute." 3. Contention of the learned counsel for the petitioners is that the aforementioned application is pending before respondent no.2 for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the Civil Judge (Junior Division), Kanpur Dehat to consider and decide the aforementioned application of the petitioner, 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 respondents, after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 8.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad