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2025 DAILYLAW 91039 (ALL)

BADRI NATH DUBEY v. PHOOL CHAND DUBEY AND ANOTHER

A227/10534/2025 · 2025-09-07

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10534 of 2025 Court No. - 9 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: "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Civil Judge (Junior Division) Court No.2, Gorakhpur to decide the O.S. No.5479 of 2017 (Phool Chand Dubey Vs. Badri Nath Dubey) (Old No.1169 of 2014) pending in the court of Civil Judge (Junior Division) Court No.2, Gorakhpur within some stipulated period as may be fixed by this Hon'ble Court, otherwise the petitioner shall suffer irreparable loss and injury. And/Or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case." 3. Contention of learned counsel for the petitioner is that the suit is pending since 2014 and he prayed that the same may be decided expeditiously. 4. From perusal of the order sheet, annexed as Annexure No. 6 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) Court No.2, Versus Counsel for Petitioner(s) : Dharmendra Kumar Shukla Counsel for Respondent(s) : Badri Nath Dubey .....Petitioner(s) Phool Chand Dubey And Another .....Respondent(s) 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. September 8, 2025 Nitika Sri. A227 No. 10534 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad