This writ petition under Article 227 was disposed of after perusal of the District Judge's report confirming pending applications in the underlying suit. No substantive reasoning was provided beyond following the lower court's remarks to conclude proceedings.
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Neutral Citation No. - 2023:AHC:235296
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 10493 of 2023
Petitioner :- Cinni Foundation A Trust And 3 Othersand 3 Others Respondent :- Tarex Impex And Another Counsel for Petitioner :- Anand Kumar Singh
Hon'ble Prakash Padia,J.
"1. The petitioners have preferred present petition inter-alia with the prayer to direct the District Judge, Varanasi to decide the substitution application filed by the petitioners on 23.12.2019 in Original Suit No.68 of 2012 (Cinni Foundation & Ors Vs. Tares Impex and another) as well as also direct the court below to decide the 6-C application dated 26.10.2012 filed in Original Suit No.68 of 2012 (Cinni Foundation & Ors Vs. Tares Impex and another).
2. The District Judge, Varanasi is directed to submit its report specially to the effect that whether the aforesaid applications are still pending or not within a week in case matter is pending before him or direct the court concerned, where applications are pending to give comments. From perusal of the order-sheet it appears that the hearing of the aforesaid suit is going on.
3. Put up as fresh for further hearing on 12.12.2023.
4. The Registrar (Compliance) is directed to communicate copy of this order to the District Judge, Varanasi within 24 hours."
"14- ददनननक 03.11.2023 ककदवपककककअधधवकनउपसससतसकवपतनवलकददनननक 22.11.2023 कक दनयतककगयक।
16- पतनवलकककअवलककनसकजनतहकतनहहककदनषकधनजनपनसरननपत 6 गददनननदकत 26.10.2012 कन दनसतनरणअभकतकनहहदकयनगयनहहऔरनहकपदतससनपनपनसरननपत 56 गददनननक 23.12.2019 कनदनसतनरणअभकतकदकयनगयनहह।
इसवनदककददन - पदत - ददनचलनयनजनयकगनऔरदनषकधनजनपनसरननपत 6 गऔरपदतससनपनपनसरननपत कनगज़सनखयन 56 गकनदनसतनरणअदवलमबकरनककनपपणरपयनसदकयनजनयकगन। "
application no. 56-C dated 23.12.2019. Insofar as the application no.6-C is concerned, the next date fixed is 14.12.2023. Insofar as the substitution application is concerned, hearing has already been concluded on 11.12.2023 and the court below will pass orders on the aforesaid substitution application on any date.
Order Date :- 12.12.2023 Swati
Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad
Cinni Foundation A Trust And 3 Others
Tarex Impex And Another
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
