Petition filed under Article 227 directing Civil Judge, Havali, Varanasi to decide an interim application expeditiously. Court issued direction for speedy disposal without expressing opinion on merits and disposed petition.
Direction to Civil Judge, Havali, Varanasi to decide application 6-C expeditiously under Order 39 Rule 1 CPC.
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Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 1292 of 2022
Petitioner :- Shanti Devi And 3 Others Respondent :- Sukhkhu And 14 Others Counsel for Petitioner :- Virendra Kumar Yadav
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the petitioners.
The present petition has been filed by the petitioners praying for a direction directing the Civil Judge (Junior Division), Havali, Varanasi to decide the application 6-C under Order 39 Rule 1 of the Code of Civil Procedure, 1908 dated 4.1.2022 in Original Case No. 28 of 2022 pending in the court of Civil Judge (Junior Division), Havali, Varanasi.
The Civil Judge (Junior Division), Havali, Varanasi is directed to decide the aforesaid application, if still pending, expeditiously without granting any unnecessary adjournments to the parties, in case, there is no legal impediment in deciding the aforesaid application.
It is clarified that this Court has not expressed any opinion on the merits of the claim of the petitioners.
With the aforesaid direction, the petition is disposed of .
Order Date :- 7.3.2022 Satyam
Digitally signed by SATYAM AGRAHARI Date: 2022.03.07 13:55:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a direction can be issued to decide an interim application expeditiously under Article 227 without passing opinion on merits.
2 provisions across 2 enactments
Shanti Devi and 3 Others
Sukhkhu and 14 Others
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
