ASHISH GUPTA AND ANOTHER v. NANHE JAISWAL AND 4 OTHERS
A227/7837/2025 · 2025-07-27
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 79301 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79301 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125484 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7837 of 2025 Petitioner :- Ashish Gupta And Another Respondent :- Nanhe Jaiswal And 4 Others Counsel for Petitioner :- Raj Narayan Tiwari,Shailendra Kumar Singh Counsel for Respondent :- C.S.C.,Pramod Kumar Rai Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. This writ petition has been filed seeking following relief :-
"(i) An order or direction in the nature of set-aside the order dated 24-3-2025 passed by Civil Judge (Sr. Division) in Suit No. 222 of 2024 CNR No. U.P.K. 005000292-2024 (Ashish Gupta and another Vs. Nanhe Jaiswal and others). (ii) An order direction in a suitable nature to direct the learned Civil Judge (Senior Division), Kushi Nagar at Padrauna to deice the stay extension application to expeditiously Original Suit No.222/2024, CNR No. UPKU05-000292-2024, Ashish Gupta and another Vs. Nanhe Jaiswal and others, to the extend the order dated 25-11-2024. (iii) An order or direction in a suitable nature to restrain the defendants /respondents from m raising construction over the suit property in question till the disposal of pending stay extension application in view of order dated 25.11.2024."
3. Learned counsel for the petitioner submitted that the above-mentioned stay application is pending consideration since 2024 and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously.
4. Since the above-mentioned case is pending, no useful purpose would be served in keeping this petition pending.
5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division), Kushi Nagar at Padrauna to decide the above-mentioned stay application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. Order Date :- 28.7.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad