Allahabad High Court
A227/3465/2026 of KAUSHAL KUMAR GAUTAM Vs SANJAY AND 12 OTHERS on 18 March 2026
JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3465 of 2026 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "1. It is. therefore, most respectfully
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3465 of 2026
Court No. - 5
HON'BLE MANISH KUMAR NIGAM, J.
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1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief: "1. It is. therefore, most respectfully prayed that this to Hon'ble Court may graciously be pleased to direct the First Additional Civil Judge (Jr.D.), Kasya, Kushinagar, decide the application Under Order 9 Rule 13 C.P.C. bearing misc. case no. 44/2018 arising out of original suit no. 748/2003 dated 31.05.2018 (Ram Prasad Vs. Sanjay & other). expeditiously as possible within short stipulated period as directed by this Hon'ble Court, during the pendency of the present petition before this Hon'ble Court.
ii. It is further prayed that this hon'ble court may kindly direct the First Additional Civil Judge (Jr.D.), Kasya, Kushinagar, to decide the original suit no. 748/2003, (Ram Prasad Vs. Sanjay & other) expeditiously as possible within short stipulated period as directed by this Hon'ble Court, during the pendency of the present petition before this Hon'ble Court."
3. Contention of the learned counsel for the petitioner is that an application under Order IX Rule 13 C.P.C. is pending since 2018 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
4. In view of above, no useful purpose would be served in keeping this petition pending. Versus Counsel for Petitioner(s) : Rajesh Kumar Singh Counsel for Respondent(s) :
Kaushal Kumar Gautam .....Petitioner(s) Sanjay And 12 Others .....Respondent(s)
5. Accordingly, the present petition stands disposed of finally with a direction to the First Additional Civil Judge (Jr.D.), Kasya, Kushinagar, to consider and decide the aforementioned Misc. case no. 44/2018, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
March 19, 2026 Nitika Sri. A227 No. 3465 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad