HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13388 of 2026 Court No. - 9 HON'BLE ROHIT RANJAN AGARWAL, J. 1. This is defendant's petition. 2. It is contended that suit filed by plaintiffs was dismissed for want of prosecution. Instead of filing an appeal, misc. civil appeal was preferred in which objection was filed by defendant as to maintainability of the said misc. civil appeal, which is pending consideration since 25.05.2026. The prayer is for expediting the said misc. civil appeal along with objection. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court concerned to decide the Misc. Civil Appeal No. 28 of 2026, considering the objection of defendant-petitioner, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. September 24, 2026 (V. S. SINGH) Versus Counsel for Petitioner(s) : Ashutosh Mishra, Syed Abid Ali Naqvi Counsel for Respondent(s) : (Rohit Ranjan Agarwal,J.) Babar Ali Khan .....Petitioner(s) Mohiburrahman And 4 Others .....Respondent(s) Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad