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2025 DAILYLAW 86880 (ALL)

VINOD TYAGI v. SANJAY TYAGI AND 2 OTHERS

A227/9376/2025 · 2025-08-20

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143329 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9376 of 2025 Petitioner :- Vinod Tyagi Respondent :- Sanjay Tyagi And 2 Others Counsel for Petitioner :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Respondent :- Raghuvansh Misra Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed for the following relief: "set aside the proceedings of Suit no. 378 of 2013 (Sanjay Tyagi Versus Vinod Tyagi and Others) pending in the court of Civil Judge (Senior Division), Ghaziabad." 3. Contention of the learned counsel for the petitioner is that an application under Order 7 Rule 11 C.P.C. filed by the petitioner on 03.05.2016 but the same has not been decided by the trial court. 4. Shri Raghuvansh Mishra, learned counsel for the respondent submitted that no useful purpose would be served in keeping this petition pending and a direction be issued to decide the application filed by the petitioner under Order 7 Rule 11 C.P.C. in a time frame. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division), Ghaziabad 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 parties concerned and 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 :- 21.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad