RAMESHWAR DAYAL SHARMA AND ANOTHER v. VISHNU KUMAR AND 4 OTHERS
A227/6774/2025 · 2025-07-09
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 72156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 72156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109634 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6774 of 2025 Petitioner :- Rameshwar Dayal Sharma And Another Respondent :- Vishnu Kumar And 4 Others Counsel for Petitioner :- Sumit Daga Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed for following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Learned Civil Judge (Senior Division) Muzaffarnagar to decide the Misc. Case No. 131 of 2024, Under Order 9 Rule 13 R/w Section 151 of C.P.C. filed alongwith delay condonation application, U/s 5 of The Limitation Act, (Rameshwar Dayal Sharma & another Vs. Vishnu Kumar & others), expeditiously or such time period fix by this Hon'ble Court, in view of the facts and circumstances of the present case. And/or to pass such other and further orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case otherwise the applicants/petitioners shall suffer irreparable loss and injury.
3. Contention of learned counsel for the petitioner is that aforementioned case is pending since 2024 and he prayed that same may be decided expeditiously.
4. No useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (Senior Division) Muzaffarnagar to consider and decide the aforementioned case, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this
order after ensuring service upon the opposite parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment.
Order Date :- 10.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad