Citation : 2026 Latest Caselaw 739 ALL
Judgement Date : 3 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2026:AHC-LKO:23406
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 1511 of 2026
Ramdev
.....Petitioner(s)
Versus
Dayaram And 2 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Anand Pratap Singh
Counsel for Respondent(s)
:
Court No. - 8
HON'BLE JASPREET SINGH, J.
1. Heard learned counsel for the petitioner.
2. In view of the order proposed to be passed by this Court, notice to the private-respondents is dispensed with.
3. By means of the instant petition, the petitioner seeks expeditious disposal of application No.4Ga dated 02.01.2023 under Order XXXIX Rules 1 and 2 CPC in Regular Suit No.03/2023, pending in the Court of Civil Judge (Junior Division), Kadipur, District Sultanpur.
4. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the application has not yet been decided.
5. Learned standing counsel has drawn the attention of the Court to the extract of the order-sheet and has pointed out that in majority of the dates, the proceedings before the Court below could not advance on account of the resolution passed by the Members of the Bar abstaining from judicial work.
6. At this stage, learned counsel for the petitioner submits that the petitioner is ready to furnish an undertaking that the petitioner will not seek any unnecessary adjournment and shall also cooperate in the early disposal of the aforesaid case.
7. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the Court of Civil Judge (Junior Division), Kadipur, District Sultanpur to consider and decide the pending application No.4Ga dated 02.01.2023 under Order XXXIX Rules 1 and 2 CPC in Regular Suit No.03/2023 most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible.
8. The petitioner shall also furnish an undertaking, as mentioned above, along with a copy of this order. In case, if the petitioner does not furnish the aforesaid undertaking, then the petitioner shall not be entitled to the benefit of this order.
9. It is made clear that the Court has not examined the case of either of the parties on merits and the trial Court concerned shall consider and decide the application of the petitioner strictly in accordance with law.
10. With the aforesaid, the petition is disposed of.
(Jaspreet Singh,J.)
April 3, 2026
Rakesh/-
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