Disposed

Prahlad and 5 Others v. Civil Judge J.D Kadipur Distt. Sultanpur and 2 Others

Allahabad HC9 Aug 2024/3712/2024

Case brief

AI extract

What is this about?

This Article 227 petition sought a direction to the Civil Judge to decide a pending interim application under Order XXXIX regarding a regular suit filed since 2021. The High Court disposed of the petition by granting liberty to move an urgency application to the lower court.

What did the court decide?

Liberty to the petitioner to move an urgency application for early disposal before the Civil Judge (J.D.) Kadipur, District -Sultanpur.

Prahlad and 5 Others Vs Civil Judge J.D… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:55074

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 3712 of 2024

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Petitioner :- Prahlad And 5 Others

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Respondent :- Civil Judge J.D Kadipur Distt. Sultanpur And 2 Others Counsel for Petitioner :- Rajesh Kumar Shukla,Atul Kumar Mishra

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Hon'ble Manish Kumar,J.

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Heard.

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Learned counsel for the petitioner has submitted that the present petition has been preferred for issuing a direction to the Civil Judge (J.D.) Kadipur, District -Sultanpur to decide the regular suit no. 691 of 2021 (Ram Chet Vs. Prahlad and others), which is pending since 2021, within the time as specified by this Court.

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After arguing at some length, learned counsel for the petitioner has submitted that the petitioner has confined his prayer to the extend that a direction may be issued to the leaned court to decide the objection filed by the petitioners dated 12.5.2023 against the application filed by the plaintiffs/respondents under Order XXXIX Rule 1 and 2 of the C.P.C., within the time as specified by this Court.

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On being asked from the learned counsel for the petitioner whether petitioner has preferred any urgency application for early disposal of the aforesaid application, 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.

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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 aforesaid application before the Court concerned and if any such application is preferred by the petitioner the same may be decided by the Civil Judge (J.D.) Kadipur, District -Sultanpur within the stipulated time fix by this Court.

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On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is

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disposed of with liberty to the petitioner to move an urgency application for early disposal of aforesaid application before the Civil Judge (J.D.) Kadipur, District -Sultanpur . If any such application is preferred, it is expected that Civil Judge (J.D.) Kadipur, District -Sultanpur 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, in case there is no legal impediment and if any adjournment is unavoidable only short adjournment may be given.

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Order Date :- 9.8.2024 Anuj Singh

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Digitally signed by :- ANUJ PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Prahlad and 5 Others v. Civil Judge J.D Kadipur Distt. Sultanpur and 2 Others

Case brief

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Prahlad and 5 Others v. Civil Judge J.D Kadipur Distt. Sultanpur and 2 Others

Case brief

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