Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 92037 (ALL)

SATPAL AND ANOTHER v. KANCHHI AND 2 OTHERS

A227/10865/2025 · 2025-09-10

Manish Kumar Nigam

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10865 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "i. Issue an appropriate order, or this Hon'ble Court may graciously be pleased to allow this Misc. Petition (Civil) and may be pleased to direct the court of Civil Judge (Senior Division) Gautam Budh Nagar to decide the application under Order 39 Rule 1 & 2 read with Section 151 C.P.C., which was moved by the Petitioner on 25.08.2023 in O.S. No. 1004 of 2023 seeking declaration of the will as null and void and for permanent perpetual injunction, expeditiously within a stipulated period, otherwise the Petitioner shall suffer an irreparable loss." 3. Contention of the learned counsel for the petitioner is that an application Order 39 Rule 1 & 2 read with Section 151 C.P.C., is pending since 2023 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division) Gautam Budh Nagar to consider and decide the aforementioned Versus Counsel for Petitioner(s) : Kapil Tyagi Counsel for Respondent(s) : Anjali Upadhya Satpal And Another .....Petitioner(s) Kanchhi And 2 Others .....Respondent(s) 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 concerned parties as well as 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. September 11, 2025 S. Singh A227 No. 10865 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad