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2025 DAILYLAW 69090 (ALL)

HARIHAR v. RAM AUTAR AND 2 OTHERS

A227/6335/2025 · 2025-07-06

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105743 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6335 of 2025 Petitioner :- Harihar Respondent :- Ram Autar And 2 Others Counsel for Petitioner :- Harindra Prasad 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: "(a)- Issue an order or direction commanding and directing the Civil Judge (Senior Division), Ballia, to decide the Application (6C2) dated 18-07-2024 filed by the plaintiff/ petitioner, under Order 39, Rule-7 of C.P.C. in Suit No.449/2024, Harihar Vs. Ram Autar And Others within the stipulated period, if possible within a month. (b)- issue an order or direction commanding and directing the defendant/ respondent (I Set) not to raise any construction and change the nature of land and property mentioned in the plaint map and further the parties are directed to maintain status quo over the property in question, situated in Village-Mahrajpur, Post Office-Aurai Kalan, Pargana Sikanderpur Garvi, Tehsil -Belthara Road, District- Ballia till the disposal of either the Application (6C2) dated 18-07-2024 or upto the disposal of the present Suit." 3. Contention of the learned counsel for the petitioners is that the aforementioned application is pending before Civil Judge (Senior Division), Ballia, 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 (Senior Division), Ballia, 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 :- 7.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad