Disposed¶9

Sanjeev Kumar Singh v. Ramharakh and 21 Others

Allahabad HC24 Jan 2025A227/823/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Court No. 9; MATTERS UNDER ARTICLE 227 No. - 823 of 2025; Sanjeev Kumar Singh (petitioner) vs Ramharakh And 21 Others; counsel Rajesh Kumar Dubey; Hon'ble Rohit Ranjan Agarwal, J.; Section 5 of Limitation Act; condonation of delay; expedited disposal; District Judge Kushinagar; Civil Misc. Case No.02 of 2023; application 8-Ka; three-month timeline; disposed at admission stage without counter affidavit or notice; merits not adjudicated; order dated 24.1.2025; neutral citation 2025:AHC:12769.

What did the court decide?

Writ petition disposed of with a direction to the District Judge, Kushinagar to decide the Section 5 Limitation Act application (Civil Misc. Case No.02 of 2023) expeditiously, preferably within three months from production of certified copy of the order. ¶9

Sanjeev Kumar Singh vs Ramharakh and 21 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Expeditious disposal of the application filed under Section 5 of Limitation Act for condonation of delay, pending before the appellate Court.

¶7

Court's answer

As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is disposed of at the admission stage.

¶8

Ratio / Principle

District Judge, Kushinagar is requested to decide the application (8-Ka) under Section 5 of Limitation Act registered as Civil Misc. Case No.02 of 2023, if there is no legal impediment and after hearing all concerned parties, strictly in accordance with law, expeditiously, preferably within three months from production of certified copy of the order.

¶8

Key takeaways

This Court has not adjudicated the case on merit; the merits remain expressly open.obiter¶10

Detailed headnote1 paragraphs

Plaintiff's petition under Article 227 seeking expeditious disposal of the application (8-Ka) under Section 5 of the Limitation Act for condonation of delay, filed with a civil appeal preferred against dismissal of his suit and registered as Civil Misc. Case No.02 of 2023 before the District Judge, Kushinagar. The petition was disposed of at the admission stage, without calling for counter affidavit or issuing notice to the private respondents, with a direction to the District Judge, Kushinagar to decide the application, if there is no legal impediment and after hearing all concerned parties, strictly in accordance with law, expeditiously, preferably within three months from the date of production of certified copy of the order. The Court expressly clarified that it had not adjudicated the case on merit. (Neutral Citation: 2025:AHC:12769)

Sanjeev Kumar Singh v. Ramharakh and 21 Others

Case brief

What is this about?

What did the court decide?

Sanjeev Kumar Singh v. Ramharakh and 21 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jai Prakash vs Indrajeet and 7 Others

Durga Dutta vs Chandra Pal and 2 Others

Rambachan vs Harilal (Since Deceased) and 15 Others

Nazim vs State of U.P.

Ramesh Chandra vs Radha Charan and 2 Others

Aditya Kumar Singh vs Nupur Singh