MANOJ KUMAR PATEL v. SRI NISHANT SINGH (MAJOR) AND 6 OTHERS
A227/625/2025 · 2025-02-07
Nand Prabha Shukla
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 9218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9218 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18225 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 625 of 2025 Petitioner :- Manoj Kumar Patel Respondent :- Sri Nishant Singh (Major) And 6 Others Counsel for Petitioner :- Ijamamul Hak,Parvez Alam Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner and perused the record. This petition under Article 227 of the Constitution of India has been filed to direct the learned trial court below i.e. Additional Civil Judge (Junior Division)/F.T.C., District-Varanasi to decide the 6C application filed by plaintiff/petitioner in Original Suit No. 1362 of 2023 (Ashok Kumar Singh Patel and others Vs. Nishant Singh and others) under Order 39 Rule 1 of C.P.C., expeditiously within stipulated time. It has been submitted by learned counsel for the petitioner that the petitioner is the plaintiff in pending civil suit seeking permanent injunction against defendant/ respondents. The plaintiff/petitioner had filed an application 6-C on 16.05.2023 under Order 39 Rules 1 and 2 of C.P.C. and the notices were issued on 17.05.2023. Despite several date fixed, no order on the application 6-C could be passed till date. Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid 6-C application strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties and subject to the cooperation of the petitioner as expeditiously as possible, preferably within a period of three months from the date of production of certified copy of this order, in case, there is no other legal impediment. With the aforesaid direction, the writ petition is disposed of. It is hereby clarified that this Court has not applied its mind to the claim of the petitioner on merit nor has made any observation in this regard. Order Date :- 7.2.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad