Allahabad High Court
Brijesh Khare vs Ritesh Agrawal And 2 Others on 10 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2025:AHC:159415 HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10746 of 2025 Brijesh Khare .....Petitioner(s) Versus Ritesh Agrawal And 2 Others .....Respondent(s) Counsel for Petitioner(s) :
Amit Kumar Pandey Counsel for Respondent(s) :
Anoop Kumar Dubey, Surabhi Chandra Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
"1. Direct the court of Learned Additional Civil Judge (J.D.), Court No. 5, Mathura to decide the application 40-Ka (Under order 6 rule 17 of C.P.C.), which is pending in Original Suit No. 541 of 2025 (Smt. Neenu verma and others Vs. Ritesh Agrawal and others) since 20.05.2025 before Additional Civil Judge (J.D.) Court No. 5, Mathura before deciding application 17-C (under order 39 rule 4 of C.P.C.) and application 10-C (under order 39 rule 1 of C.P.C.) which is pending in original suit no. 541 of 2025, within specific period fixed by this Hon'ble Court.
ii. Direct the Learned Additional Civil Judge (J.D.), Court No. 5, Mathura to decide the pending application in the suit keeping in mind the order dated 15.07.2025 passed by this Hon'ble Court in writ PIL No. 1576 of 2025 (Brijesh Khare Vs. State of U.P. and others).."
3. Contention of the learned counsel for the petitioner is that the amendment application is pending 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.
5. Accordingly, the present petition stands disposed of finally with a direction to the Additional Civil Judge (J.D.), Court No. 5, Mathura to consider and decide the amendment application, in accordance with law, expeditiously, preferably within a period of six months from the date of production of a certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Disposal of the amendment application will not be an impediment for deciding the application under Order 39 Rule 4. (Manish Kumar Nigam,J.) September 10, 2025 Priya