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2025 DAILYLAW 98308 (ALL)

SUDHIR KUMAR v. PRATIMA SHARMA AND 2 OTHERS

A227/11410/2025 · 2025-09-18

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11410 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 order or direction directing the Additional District Judge Court No.3, Aligarh to decide the application filed by the petitioner being Application NO. 101 C2 in Appeal No. 26 of 2021 (Smt. Pratima Sharma V. Sudhir Kumar) CNR No. UPAL010086282021 (Contained in Annexure No. 13 to the petition), on the point of maintainability of single appeal at first instance and then to proceed to decide the appeal finally on merits, so that justice be done." 3. Contention of the learned counsel for the petitioner is that an application (101 C2 Application) 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 Additional District Judge Court No.3, Aligarh to consider and decide the aforementioned application (101 C2 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 Versus Counsel for Petitioner(s) : Devbratt Yadav, Ram Pratap Yadav Counsel for Respondent(s) : Sudhir Kumar .....Petitioner(s) Pratima Sharma And 2 Others .....Respondent(s) unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 19, 2025 S. Singh A227 No. 11410 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad