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2025 DAILYLAW 79024 (ALL)

RAKESH KUMAR GAUR AND 4 OTHERS v. SMT. MUNNI DEVI AND 6 OTHERS

A227/7838/2025 · 2025-07-27

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:123566 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7838 of 2025 Petitioner :- Rakesh Kumar Gaur And 4 Others Respondent :- Smt. Munni Devi And 6 Others Counsel for Petitioner :- Ajeet Sharma,Divakar Rai Sharma Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioners and perused the record. 2. This writ petition has been filed challenging the order dated 02.07.2025, passed by the Incharge District Judge, Aligarh in Civil Revision No. 80 of 2025 (Rakesh Kumar v. Munni Devi and others) rejecting an application for interim relief while admitting the revision against an order passed under Order 9 Rule 13 C.P.C. allowing the application at the behest of subsequent purchaser. 3. No useful purpose would be served in keeping this petition pending and and it will more in the interest of justice that a direction be issued to decide the revision itself. 4. 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 Incharge District Judge, Aligarh to consider and decide the aforementioned civil revision, 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 all the opposite parties and 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. 5. It is further provided that till the disposal of the revision, operation and effect of order dated 31.05.2025 passed by Civil Judge (S.D.), Aligarh in Misc. Case No. 247 of 2023, shall remain stayed and the petitioners will cooperate in disposal of the revision and will not seek any undue adjournment to linger on the proceedings. 6. It is made clear that in case, an attempt is being made by the petitioners to linger on the proceedings of revision, the interim protection granted by this Court, shall automatically be vacated. Order Date :- 28.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad