Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:127693 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8178 of 2025 Petitioner :- Maruti Forest Welfare Society Respondent :- Pradeep Barua Counsel for Petitioner :- Anurag Mishra Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record.
2. This petition has been filed for following relief:
"To direct the trial court to decide the application; filed under Order 38 Rule-5 of the C.P.C. on behalf of the petitioner/plaintiff, seeking attachment of the property of defendant, unless the defendant furnishes security for the amount in suit and the likely decree passed thereon for a sum of Rs. 2 Lac to further ends of justice in Original Suit no.743 of 2024 (Maruti Forest Welfare Society Versus Pradeep Barua) pending before Addl. Civil Judge (J.D.), Court no.8, District Agra, expeditiously preferably within the prescribed period fix by this Hon'ble Court."
3. Contention of the learned counsel for the petitioner is that the aforesaid application under Order 38 Rule 5 C.P.C. is pending consideration. It is further submitted by learned counsel for the petitioner that several dates have been fixed but the same has not been decided yet. He prayed that the same may be decided expeditiously.
4. 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 Additional Civil Judge (J.D.), Court no.8, District Agra to consider and decide the aforesaid application, 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 parties concerned and after giving opportunity of hearing to the parties concerned as well as opportunity to lead evidence in support of their case 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