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2025 DAILYLAW 67845 (ALL)

RAJ KUMAR v. RAM GARIB AND 7 OTHERS

A227/6246/2025 · 2025-07-17

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:117050 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6246 of 2025 Petitioner :- Raj Kumar Respondent :- Ram Garib And 7 Others Counsel for Petitioner :- Babu Lal Ram,Gyanendra Kumar 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 reliefs: " (i) Issue an order or direction directing the learned trial court i.e. Additional Civil Judge (J.D.) Court No. 2 Varanasi to decide the application 20C dated 28.07.2022 filed by the defendant-respondent no. 1 under Order 7 rule 11 C.P.C. in original suit No. 1275 of 2022 (Raj Kumar and others Vs. Ram Garib and others), expeditiously as possible as within short stipulated period as may be fixed by this Hon'ble court which is pending before Additional Civil Judge (J.D.) Court No.2 Varanasi. (ii) and this Hon'ble court also be pleased to direct the defendant-respondents not to interfere in the peaceful possession of the applicant over the land in dispute situated in Mauja Kishundattpur (Koili), Pargana Kaswar Raja, Tehsil Raja Talab, Post Dhadhorpur, District Varanasi." 3. Contention of the learned counsel for the petitioner is that an application under Order 7 Rule 11 is pending since 2022 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 Additional Civil Judge (J.D.) Court No. 2 Varanasi to consider and decide the aforementioned application under Order 7 Rule 11 of C.P.C, in accordance with law, expeditiously, after ensuring service upon all the opposite parties, 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 :- 18.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad