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2025 DAILYLAW 84123 (ALL)

BADAM SINGH AND ANOTHER v. STATE OF U.P. AND 5 OTHERS

A227/8755/2025 · 2025-08-07

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134271 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8755 of 2025 Petitioner :- Badam Singh And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Suresh Singh Tomer Counsel for Respondent :- Avinash Chandra Srivastava,C.S.C. 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: "Issue a direction directing the learned Civil Judge (Senior Division) Agra to consider and decide the Application under Order 1 Rule 10 read with Section 151 C.P.C. filed by them on 9.11.2020 in Suit No. 1057 of 2016 (Sri Jag Jahar Singh and others Vs. U.P. State and others) as well as Suit No. 1057 of 2016 (Sri Jag Jahar Singh and others Vs. U.P. State and others) within a short stipulated period." 3. Contention of the learned counsel for the petitioner is that the aforesaid suit is pending since 2020. He prayed that the same may be decided, expeditiously. 4. Prayer made in the writ petition can not be granted to the petitioner in view of the judgment passed by the Division Bench of this Court in Ali Shad Usmani v. Ali Isteba; 2015 (2) ADJ 250 (DB). 5. It has been further contended by learned counsel for the petitioner that an application under Order 1 Rule 10 read with Section 151 C.P.C. is pending consideration. 6. No useful purpose would be served in keeping this petition pending. 7. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division) 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 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 :- 8.8.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad