Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:132834 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8632 of 2025 Petitioner :- Kalawati Respondent :- Ram Chandar And 6 Others Counsel for Petitioner :- Rajesh Kumar Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Civil Judge (Jr.D.), Kasya, Kushinagar, to decide the application Under Order 39 Rule 1 C.P.C. dated 08.03.2013 in original suit no. 378/2013, (Ram Chandar Vs. Kalawati & other), expeditiously as possible within short stipulated period as directed by this Hon'ble Court, during the pendency of the present petition before this Hon'ble Court."
3. Contention of the learned counsel for the petitioner is that an application Under
Order 39 Rule 1 C.P.C. is pending since 2013 and 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 (Jr.D.), Kasya, Kushinagar 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 :- 6.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad