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2025 DAILYLAW 77712 (ALL)

UMESH v. RAMAWADH SINGH AND 4 OTHERS

A227/7807/2025 · 2025-07-27

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7807 of 2025 Petitioner :- Umesh Respondent :- Ramawadh Singh And 4 Others Counsel for Petitioner :- Raj Narayan Tiwari,Shailendra Kumar Singh Counsel for Respondent :- Komal Mehrotra Hon'ble Manish Kumar Nigam,J. 1.Vakalatnama has been filed by Shri Ashish Kumar Singh, Advocate on behalf of respondent no. 4. 2. Heard learned counsel for the parties and perused the record. 3. The instant writ petition has been filed for following relief: "An order or direction in the nature of certiorari to quash the order dated 24- 3-2025 passed by Civil Judge (Sr. Division) in Suit No. 252 of 2024 CNR No. U.P.K. 005000330-2024 (Umesh Vs. Ram Avadh Singh and others). An order direction in a suitable nature to direct the learned Civil Judge (Senior Division), Kushi Nagar at Padrauna to expeditiously decide the stay extension in Original Suit No.252/2024, CNR No. UPKU05-000330-2024, Umesh Vs. Ramavadh Singh and others, to the extend the order dated 29-10- 2024." 4. Contention of the learned counsel for the petitioner is that stay application is pending since 2024 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 5. Learned counsel for the respondent Shri Ashish Kumar Singh submitted that the suit itself is not maintainable and objections filed by the respondents may also be decided. 6. In view of above, no useful purpose would be served in keeping this petition pending. 7. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (J.D.) Mathura to consider and decide the stay 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 objections filed by the respondent shall also be considered and decided by a reasoned order, without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 28.7.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad