Allahabad High Court
Vishram vs Ranvijay Pratap Singh And 2 Others on 22 January, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:4131 Court No. - 14 Case :- MATTERS UNDER ARTICLE 227 No. - 275 of 2025 Petitioner :- Vishram Respondent :- Ranvijay Pratap Singh And 2 Others Counsel for Petitioner :- Prashant Shukla Hon'ble Mohd. Faiz Alam Khan,J.
1. Heard leaned counsel for the petitioner and perused the record.
2. The instant writ petition, under Article 227 of the Constitution of India, has been filed with the following prayer:-
"to issue an appropriate order or direction to learned Civil Judge, Hawali (Junior Division), Lucknow to expeditiously decide/dispose of the application bearing Misc. Case No.514/2024 filed by the petitioner under Section 340 CrPC in Regular Suit No.255/2023 within a stipulated time frame."
3. Learned counsel for the petitioner submits that the petitioner is plaintiff before the trial court and, during the pendency of the suit, he moved an application under section 340 CrPC on 29.01.2024, however, the same has not been disposed of yet, even after filing of written statement by the petitioner. Attention of this Court has also been drawn on extract of order-sheet of the trial court.
4. Having regard to the order intended to be passed and keeping in view all the facts and circumstances of the case, issuance of notice to respondent nos. 2 and 3 is hereby dispensed with as any direction for expeditious disposal of the application moved by the petitioner/plaintiff under section 340 CrPC may not run against the interest of respondents/defendants and the instant writ petition is finally disposed of with the direction to the trial court to decide the application moved by the petitioner/plaintiff under section 340 CrPC within two months from the date of receipt of certified copy of this order, after providing an opportunity of being heard to all the parties, strictly in accordance with law, if there is no legal impediment.
Order Date :- 22.1.2025 MVS/-