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2025 DAILYLAW 96429 (ALL)

BHANU PRATAP SINGH v. RITESH AGARWAL AND 9 OTHERS

A227/11038/2025 · 2025-09-15

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. - 11038 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: "To issue order or direction, directing to the Additional Civil Judge (J.D.) court no.5, Mathura to decide the application 36Ka (order 1 Rule 10 of C.P.C.) which is pending in original suit no.541 of 2025 (Smt. Neenu Verma and others Versus Ritesh Agarwal and others) pending since 20.05.2025 before Additional Civil Judge (J.D.) court no.5, Mathura, expeditiously within stipulated period fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the aforesaid application under Order 1 Rule 10 C.P.C. is pending consideration 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 Additional Civil Judge (J.D.) court no.5, Mathura 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 concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided Versus Counsel for Petitioner(s) : Amit Kumar Pandey Counsel for Respondent(s) : Sahab Tiwari Bhanu Pratap Singh .....Petitioner(s) Ritesh Agarwal And 9 Others .....Respondent(s) that there is no other legal impediment. 6. This order has been passed in presence of Shri Anubhav Chandra, learned counsel for respondent no. 1 and Shri Sahab Tiwari, learned counsel for respondent no. 3. September 16, 2025 Ved Prakash A227 No. 11038 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad