Defendants sought early disposal of a civil appeal pending against a decree in the plaintiff's favour. The High Court disposed of the petition at admission stage, requesting the trial appellate court to decide the appeal expeditiously, preferably within six months, without adjudicating on merits.
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Neutral Citation No. - 2025:AHC:12732
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 833 of 2025
Petitioner :- Ramesh Chandra Respondent :- Radha Charan And 2 Others Counsel for Petitioner :- Avneesh Tripathi,Raghwendra Prasad Mishra
Hon'ble Rohit Ranjan Agarwal,J.
This is a defendants' petition.
The suit filed by the plaintiff was decreed vide judgment and decree dated 16.10.2018, against which, defendants-respondents had preferred a Civil Appeal No.181 of 2018 which is pending consideration. The sole prayer made in the writ petition is for early disposal of the said appeal.
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 being disposed of, at the admission stage, with a request to VIth Additional District Judge, Mathura to decide the Civil Appeal No.181 of 2018, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law, expeditiously, preferably within a period of six months from the date of production of certified copy of this order.
With the aforesaid direction, present writ petition stands disposed of.
It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 24.1.2025 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the pending civil appeal against a decreed suit can be directed to be decided expeditiously?
Ramesh Chandra
Radha Charan
Rohit Ranjan Agarwal
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
