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2025 DAILYLAW 86846 (ALL)

ASHOK KUMAR MODI v. AJAY KUMAR BATHWAL AND 5 OTHERS

A227/9289/2025 · 2025-08-19

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:141798 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9289 of 2025 Petitioner :- Ashok Kumar Modi Respondent :- Ajay Kumar Bathwal And 5 Others Counsel for Petitioner :- Sudhanshu Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The present petition has been filed for the following relief: "A. to issue an order or direction upon the learned Civil Judge (Junior Division)-II Gorakhpur to decide the Original Suit No. 541 of 1998 (New O.S. No. 4084 of 2017) (Ajay Kumar Bathwal & Another Vs. Sri Girdharilal & Others) pending before him within some stipulated period. (A-1 to the petition)." 3. Contention of learned counsel for the petitioner is that the suit is pending since 1998 and he prayed that the same may be decided expeditiously. 4. From perusal of the order sheet, annexed as Annexure No. 3 to the petition, it appears that several dates have been fixed by the Court concerned, however, till date, the aforesaid suit has not been decided. 5. No useful purpose would be served in keeping this petition pending. 6. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (Junior Division)-II Gorakhpur, to decide the aforesaid suit, in accordance with law, expeditiously, preferably, within a period of eighteen months from the date of production of a certified copy of this order, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Order Date :- 20.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad