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2025 DAILYLAW 82245 (ALL)

MITHLESH YADAV AND 5 OTHERS v. DHARMVEER

A227/8484/2025 · 2025-08-04

Manish Kumar Nigam

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:131022 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8484 of 2025 Petitioner :- Mithlesh Yadav And 5 Others Respondent :- Dharmveer Counsel for Petitioner :- Ravi Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: "a. Issue an order or direction to decide the Misc Case No. R.M. 186 of 2025 (Mithlesh Yadav & Others Vs. Dharmveer Singh) U/S 5 of Limitation Act filed alongwith Civil Appeal (Mithlesh Yadav & Others Vs. Dharmveer Singh) which filed against the order dated 28.05.2025 passed in Original Suit No. 746 of 2024 (Dharmveer Singh Vs. Mithlesh Yadav), pending before the court of District Judge, Aligarh expeditiously preferably within a stipulated period of time as fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that an application for delay condonation is pending in appeal since 2025. 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 District Judge, Aligarh to consider and decide the aforementioned delay condonation 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 opposite parties, 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. It is further expected that the appeal itself be decided within six months thereafter. Order Date :- 5.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad