Mohd. Athar v. Farooq Ansari Alias Babu and 2 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10878 of 2023 Petitioner :- Mohd. Athar Respondent :- Farooq Ansari Alias Babu And 2 Others Counsel for Petitioner :- Girish Kumar Gupta,Suneeta Gupta Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner and perused the record.

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶3The basic relief sought by the petitioner in the present petition under Article 227 of the Constitution of India is to direct the court below to decide the application under Order 39 Rule 2A (1) (2) read with Section 151 CPC expeditiously.

¶4It is argued by counsel for the petitioner that the application under Order 39 Rule 2A (1) (2) read with Section 151 CPC is pending before the Court below and till date no final decision has been taken in the matter.

¶5The copy of the order-sheet is placed before the Court, same is taken on record.

¶6In the facts and circumstances of the case, the present petition is disposed of directing the court concerned to decide the aforesaid application expeditiously strictly in accordance with law and without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 6.12.2023 Pramod Tripathi High Court of Judicature at Allahabad