Disposed

Brijesh Kumaar v. Laxmikant

Allahabad HC23 May 2025A227/3154/2025

Case brief

AI extract

What is this about?

This Article 227 petition directed the District Judge to return the file of a pending original suit to the Civil Judge for immediate disposal, despite a parallel civil revision, as no stay had been imposed on the original proceedings. The court mandated expedited resolution of the revision within four months.

What did the court decide?

Directing the District Judge to return the file to the Civil Judge for prompt disposal and instructing the revisional court to decide the revision within four months.

Brijesh Kumaar vs Laxmikant — Civil Procedure and Limitation | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:30854

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Court No. - 6

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Case :- MATTERS UNDER ARTICLE 227 No. - 3154 of 2025

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Petitioner :- Brijesh Kumaar Respondent :- Laxmikant Counsel for Petitioner :- Surendra Kumar Mishra,Mahendra Kumar Chaudhary

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Hon'ble Pankaj Bhatia,J.

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Heard the counsel for the petitioner.

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The present petition has been filed by the petitioner for the following relief :

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"Direct the learned District Judge Ambedkar Nagar to decide the Civil Revision under section 115 of Code of Civil Procedure, 1908 bearing Civil Revision No.07 of 2025 "Laxmikant Vs. Brijesh Kumar" filed against the order dated 24.01.2025 passed by learned Civil Judge (Senior Division), Ambedkar Nagar in Original Suit No. 232/2022 "Brijesh Kumar Vs. Laxmikant is still pending since 01.02.2025, within period as stipulated by Hon'ble Court, in circumstances of the case."

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The contention of the counsel for the petitioner is that against an interlocutory order, a Civil Revision No.7 of 2025 was preferred and without there being a stay, further proceedings of Suit are not proceeding. A copy of the order-sheet of the revisional court is on record as Annexure no.8, which does not reveal that any further proceedings have been stayed, however, as the file was summoned by the revisional court, the suit is not proceeding further.

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The present petition is disposed off directing the District Judge, Ambedkar Nagar to send the original file back to the Court of Civil Judge (SD) where the Original Suit No.232 of 2022 is pending, after retaining the photocopy of the original suit, the Civil Judge (SD) shall proceed with the suit expeditiously as no interim order has been passed by the revisional court. The revisional court shall also endevour to decide the Civil Revision No.7 of 2025 expeditiously preferably within a period of four months.

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Order Date :- 23.5.2025 VNP/-

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Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Brijesh Kumaar v. Laxmikant

Case brief

What is this about?

What did the court decide?

Brijesh Kumaar v. Laxmikant

Case brief

What is this about?

What did the court decide?

What the court decided

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