Petitioner sought direction to Civil Judge to decide a pending Section 39 CPC application within a stipulated time, moving directly without prior urgency application.
Liberty given to file an urgency application in the subordinate court for expeditious disposal.
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Neutral Citation No. - 2024:AHC-LKO:46073
Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 3102 of 2024
Petitioner :- Anil Kumar Respondent :- Civil Judge (J.D) Sultanpur And 6 Others Counsel for Petitioner :- Dharmendra Kumar,Surendra Singh
Hon'ble Manish Kumar,J.
Heard.
Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the respondent no. 1, the Civil Judge (Junior Division) South Room No. 24, Sultanpur to decide the application under Section 39 Rule 1 &2 C.P.C. filed by the petitioner in the Regular Suit No. 1041 of 2022 (Anil Kumar Vs. Sumitra Devi & others) pending since 14.7.2022 within the time as specified by this Court.
On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the application filed in the regular suit, learned counsel for the petitioner has replied that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.
At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the application filed in the regular suit before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the respondent no.1 within the stipulated time fix by this Court.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the application filed in the regular suit before the respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner looking into the urgency mentioned therein expeditiously in accordance with
law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.
Order Date :- 8.7.2024 Anuj Singh
Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the High Court can direct the Civil Judge to decide a pending Section 39 application expeditiously pending in a regular suit.
2 provisions across 2 enactments
Anil Kumar
Civil Judge (J.D) Sultanpur
Manish Kumar
As recorded by the court registry
2 orders share this CNR
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