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2025 DAILYLAW 76105 (ALL)

ASHOK KUMAR AND ANOTHER v. JITENDRA KUMAR AND 3 OTHERS

A227/7287/2025 · 2025-07-17

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116454 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7287 of 2025 Petitioner :- Ashok Kumar And Another Respondent :- Jitendra Kumar And 3 Others Counsel for Petitioner :- Aman Srivastava,Vinod Kumar Srivastava Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The present petition has been filed for the following relief: "(i) Issue suitable directions and order to the Civil Judge (S.D.) /Court No.3 Varanasi to decide Civil Case no. 721 of 2013 Ashok Kumar and another vs. Jitendra Kumar and others within stipulated period fixed by this Hon'ble Court preferably within two months without any unnecessary adjournments." 3. Contention of learned counsel for the petitioner is that the suit is pending since 2013 and he prayed that the same may be decided expeditiously. 4. From perusal of the order sheet, annexed as Annexure No. 3 to the petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid suit has not been decided. 5. No useful purpose would be served in keeping this petition pending. 6. 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 (S.D.) Court No.3 Varanasi, to decide the aforesaid suit, in accordance with law, expeditiously, preferably, within a period of eighteen months from the date of production of a certified copy of this order, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided 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