Allahabad High Court
Balram Singh Yadav vs Vimla Devi And Another on 23 October, 2024
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:169436 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 13432 of 2024 Petitioner :- Balram Singh Yadav Respondent :- Vimla Devi And Another Counsel for Petitioner :- Jay Singh Yadav Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayers;
"A. Issue an appropriate order or direction commanding the learned Civil Judge (J.D.), District- Pilibhit to heard and decide the application dated 9.9.2024 filed under order IX rule 4 C.P.C. in the original suit no. 33 of 2021 (Balram Singh Yadav and others Vs. Vimla Devi) within a period as stipulated by this Hon'ble court.
B. Issue an appropriate order or direction commanding the learned Civil Judge (J.D.), District- Pilibhit to consider & decide the 6 C application filed by plaintiffs in original suit no. 33 of 2021 (Balram Singh Yadav and others Vs. Vimla Devi) within a period as stipulated by this Hon'ble court, forthwith."
2. It is contended by learned counsel for the petitioner that an application under Order IX Rule 4 CPC has been filed on 09.09.2024 as well as application 6C is also pending consideration before the Court concerned.
3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed off, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Civil Judge (Junior Division), Pilibhit to decide the temporary injunction application (6-C) as well as application filed under Order IX Rule 4 CPC filed in Suit No. 33 of 2021, 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.
4. With the aforesaid directions, writ petition stands disposed off.
5. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 23.10.2024 Shekhar