Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:133463 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8662 of 2025 Petitioner :- Ratiram And 4 Others Respondent :- Richhpal Counsel for Petitioner :- Abhitab Kumar Tiwari Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners and perused the record.
2. This petition has been filed for the following relief: 'Issue an order or direction, commanding and directing to the Civil Judge (Senior Division), Meerut to decide the application under Order 7 Rule 11 of C.P. (Paper no. 27-C) moved by petitioner defendants as well as application under Order 39 Rule 1 of C.P.C. (Paper no. 6-C/2) moved by plaintiffs/respondent in Original Suit no. 295 of 2024 (Richhpal versus Ratiram and others) pending before him, including aforesaid suit itself, expeditiously within short period so fix by this Hon'ble court."
3. Contention of the learned counsel for the petitioner is that suit filed by the plaintiff be quashed in exercise of powers under Article 227 of Constitution of India. It has been further contended that since the writ petition has been filed before this Court and for the same relief suit has been filed, and therefore the same may be quashed. It has been further submitted by learned counsel for the petitioner that withdrawal application has been filed in the writ petition for withdrawing the writ petition wherein it has been stated that the respondent is not interested.
4. In my view, there is no merit in the arguments of the learned counsel for the petitioners.
5. Accordingly, this petition is dismissed.
6. However, it is provided that since the application under Order 7 Rule 11 C.P.C. is pending, it is expected that the same shall be decided, expeditiously, in accordance with law. Order Date :- 7.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad