Disposed¶12

Smt Maya Devi and 5 Others v. Sri Vipin Kumar and Another

Allahabad HC6 Oct 2025A227/12078/2025

Case brief

AI extract

What is this about?

Allahabad High Court; Matters Under Article 227 No. 12078 of 2025; Rohit Ranjan Agarwal, J.; decided October 7, 2025; expeditious disposal of Section 47 CPC objections in Execution Case No. 61 of 2018; eviction decree dated 16.04.2018 in S.S.C. No. 62 of 2013; Misc. Case No. 8/2019; two-month timeline from certified copy; no adjudication on merits; petitioners Smt Maya Devi and 5 Others; respondents Sri Vipin Kumar and Another.

What did the court decide?

Direction to the court below (Judge Small Cause Court, Agra) to decide Misc. Case No. 8/2019 (Vipin Kumar v. Smt. Maya Devi and others) under Section 47 CPC in accordance with law, after hearing all affected parties, preferably within two months from the date of production of a certified copy of the order. ¶12

Smt Maya Devi and 5 Others Vs Sri Vipin Kumar and… — Writ and Judicial Review | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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MATTERS UNDER ARTICLE 227 No. - 12078 of 2025

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Smt Maya Devi And 5 Others

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.....Petitioner(s)

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		Versus
Sri Vipin Kumar And Another		.....Respondent(s)
Counsel for Petitioner(s) Counsel for Respondent(s)	: :	Atul Kumar Upadhyaya, Chaudhary Subhash Kumar

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Court No. - 36

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HON'BLE ROHIT RANJAN AGARWAL, J.

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1. This writ petition has been filed with the following prayer:-

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"I. Issue order direction and directing the judge small cause court Agra to decide the misc. case No. 8/2019 (Vipin Kumar Vs. Smt. Maya Devi and others) Under Section 47 of C.P.C. (arising out of Execution case No. 61 of 2018 related with eviction decree dated 16.04.2018 of S.S.C. No.62 of 2013 Smt. Maya Devi and other Vs. Sri Vipin Kumar and others) pending in the court of Judge Small Cause Agra."

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2. It is contended by learned counsel for the petitioner that objections are pending consideration in proceedings under Section 47 C.P.C. arising out of Execution Case No. 61 of 2018. The sole prayer made is for expeditious disposal of the objections which are pending consideration before court below.

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3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon court below to decide the Misc. Case No. 8/2019 (Vipin Kumar vs. Smt. Maya Devi and others), in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.

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4. With the aforesaid directions, writ petition stands disposed of.

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A227 No. 12078 of 2025

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5. It is made clear that this Court has not adjudicated the matter on merits.

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October 7, 2025 V.S.Singh

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(Rohit Ranjan Agarwal,J.)

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