Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74877 (ALL)

MOLHAD RAM AND 3 OTHERS v. HUKM SINGH AND 43 OTHERS

A227/7174/2025 · 2025-07-16

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:115485 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7174 of 2025 Petitioner :- Molhad Ram And 3 Others Respondent :- Hukm Singh And 43 Others Counsel for Petitioner :- Ajay Kumar Sharma,Atul Sharma 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 relief: "issue an appropriate order or direction directing the learned Civil Judge (Senior Division)/Fast Track Court, District-Saharanpur to decide Miscellaneous Case No.30 of 2022 (Hukm Singh and others Vs. Molhad Ram and others) instituted under Order IX Rule 13 of the Code of Civil Procedure, 1908 read with Section 151 of the Code of Civil Procedure, 1908 arising out of Original Suit no.456 of 2003 (Molhad Ram and others Vs. Ramswaroop and others), presently pending before him, expeditiously within a short period as stipulated by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the application under Order IX Rule 13 of the Code of Civil Procedure 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 Civil Judge (Senior Division)/Fast Track Court, District-Saharanpur to consider and decide the aforesaid application, 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 concerned parties as well as 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 :- 17.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad