Disposed¶13

Dhan Prakash Budhraja and Another v. Civil Judge-Junior Division (Hawali) Court NO-57, Civil Court,Lko. and 4 Others

Allahabad HC10 Jan 2024/63/2024

Case brief

AI extract

What is this about?

Article 227 petition; direction/expedition sought for disposal of Order 6 Rule 17 CPC amendment application; Regular Suit No. 3235 of 2019; Civil Judge Junior Division Court No. 57 Lucknow; repeated hearings without disposal order; written statement not filed by defendants; matter listed 30.01.2024; High Court declined to interfere; petition disposed of with liberty to approach Trial Court; no examination on merits; Jaspreet Singh, J.; neutral citation 2024:AHC-LKO:2498.

What did the court decide?

No order of expedition passed; petition disposed of with liberty to the petitioners to move an appropriate application before the Trial Court, which shall give it due consideration. ¶13

Dhan Prakash Budhraja and Another Vs Civil… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2498

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 63 of 2024

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Petitioner :- Dhan Prakash Budhraja And Another Respondent :- Civil Judge-Junior Division (Hawali) Court No-57, Civil Court,Lko. And 4 Others Counsel for Petitioner :- Manoj Kumar Gupta

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Hon'ble Jaspreet Singh,J.

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Heard Sri B.P. Singh Dhakare, learned counsel for the petitioner.

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The instant petition has been filed seeking a direction for the Civil Judge, Junior Division, Court No. 57, Lucknow for deciding an application under Order 6 Rule 17 C.P.c. said to be pending in Regular Suit No. 3235 of 2019.

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The submission of learned counsel for the petitioners is that on three occasion, the application was heard by the court concerned but the order for disposal could not be passed, as a result, the application remains pending.

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It has also been pointed out that till date the written statement has also not been filed by the defendants in the said suit.

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The learned counsel for the petitioner submits that now the matter is listed on 30th January, 2024 for disposal of the application under Order 6 Rule 17 C.P.C.

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Having considered the aforesaid as well as noticing that the matter is fixed for 30th January, 2024 before the Trial Court, this Court at this stage is not inclined to interfere to pass any order of expedition, however, this Court leaves it open for the petitioners to move an appropriate application before the court concerned bringing the issues to its notice and in case if such an application is moved by the petitioner, the same shall be given due consideration by the Court concerned.

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It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 10.1.2024 Asheesh

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Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Dhan Prakash Budhraja and Another v. Civil Judge-Junior Division (Hawali) Court NO-57, Civil Court,Lko. and 4 Others

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Dhan Prakash Budhraja and Another v. Civil Judge-Junior Division (Hawali) Court NO-57, Civil Court,Lko. and 4 Others

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