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2025 DAILYLAW 7379 (ALL)

YESH KUMAR DIXIT v. MUKESH DIXIT AND 2 OTHERS

A227/255/2025 · 2025-01-15

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:6352 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 255 of 2025 Petitioner :- Yesh Kumar Dixit Respondent :- Mukesh Dixit And 2 Others Counsel for Petitioner :- Arun Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i. To issue a direction to Civil Judge (Senior Division)/ F.T.C Kanpur Nagar to decide application under order 39 rule 1 and 2 C.P.C read with section 151 of C.P.C bearing application No. 6C2 within stipulated period in Original Suit No. 1911 of 2024 (Yesh Kumar Dixit versus Mukesh Dixit and others) as this Hon'ble Court may deem fit and proper." 2. It is contended by learned counsel for the petitioner that application moved under Order 39 Rule 1 and 2 is pending consideration before court concerned. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division)/ F.T.C Kanpur Nagar to decide the application under order 39 rule 1 and 2 C.P.C read with section 151 of C.P.C filed in Original Suit No. 1911 of 2024 (Yesh Kumar Dixit versus Mukesh Dixit and others), in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 15.1.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad