SRI SURESH CHAND AND 6 OTHERS v. SRI RAM BABU AND 28 OTHERS
A227/8204/2025 · 2025-07-30
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80518 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:127629 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8204 of 2025 Petitioner :- Sri Suresh Chand And 6 Others Respondent :- Sri Ram Babu And 28 Others Counsel for Petitioner :- Viveka Nand Rai Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. The instant writ petition has been filed for following relief:
"To directing the Civil Judge (Senior Division)/F.T.C., Agra to decide the Application Under Order 40 Rule 1 C.P.C. (Sri Suresh Chand and others Versus Sri Ram Babu and others) arising out of Suit No. 159 of 2016 (Paper No. 125Ka), pending before the Civil Judge (Senior Division)/F.T.C. Agra expeditiously within stipulated time."
3. Contention of the learned counsel for the petitioners is that the aforesaid application under Order 40 Rule 1 C.P.C. is pending since 2018 and defendants have appeared before the court below but 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)/F.T.C., Agra 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 :- 31.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad