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2025 DAILYLAW 92254 (ALL)

VIJAY KUMAR PRAJAPATI v. MRS. HEMA

A227/10514/2025 · 2025-09-07

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10514 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: " It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to issue suitable direction to the learned Cour of Principal Judge, Family Court, Kaushambi to decide Misc. Case No. 4/74/21 (Vijay Kumar Prajapati vs. Smt. Hema), filed under Order IX Rule 3 of the Code of Civil Procedure, 1908, and arising out of Case No. 283 of 2017 under Section 13 of the Hindu Marriage Act, 1955, within a time frame as may be stipulated by this Hon'ble Court. And/or may pass such other and further orders and direction as this Hon'ble Court may deem fit and proper, in the facts and circumstances of the case, otherwise the Petitioner shall suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that an application under Order IX Rule 3 of C.P.C. is pending since 2021 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 Principal Judge, Family Court, Kaushambi to consider and decide the aforementioned application, in accordance with law, Versus Counsel for Petitioner(s) : Ankit Pandey, Deepak Gaur Counsel for Respondent(s) : Vijay Kumar Prajapati .....Petitioner(s) Mrs. Hema .....Respondent(s) 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 opposite parties, 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 8, 2025 Nitika Sri. A227 No. 10514 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad