Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1270 of 2019 Petitioner :- Hiralal And 12 Others Respondent :- Arvind And 5 Others Counsel for Petitioner :- Ganesh Mani,Indradeo
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioners and perused the record.
Since the point involved in the present case is trivial in nature, so the writ petition is being decided at the admission stage.
Notices to the opposite parties are dispensed with.
Learned counsel for the petitioners submits that in Suit No.281 of 2018 "Chandrama and others vs. State of U.P. and others" filed in the Court of Civil Judge (Senior Division), Chandauli, petitioner along with co-sharer has moved an application for stay, which is pending before it.
As per case of the petitioner, in spite of the several dates, the said application could not be decided due to one or other pretext. So, he approached this Court by filing the present writ petition with the following main prayer :-
"To issue order or direction in the suitable nature of mandamus directing the learned court below i.e. Civil Judge (S.D.), Chandauli to decide the stay application, which was filed by the petitioner along with co-sharer in Suit No.281 of 2018 "Chandrama and others vs. State of U.P. and others" filed on 24.08.2018 pending before Civil Judge (S.D.) Chandauli within stipulated time as fixed by the Hon'ble Court."
After hearing learned counsel for the petitioners and going through the records, writ petition is disposed of with a direction to Civil Judge (Senior Division), Chandauli to decide the Application for Stay pending in suit No.281 of 2018 after hearing the parties concerned in accordance with law. The said exercise shall be done expeditiously say within a period of four months from the date of receiving a certified copy of this order.
It is clarified that this Court has not adjudicated the claim of the petitioner on merit.
Order Date :- 25.2.2019 Mahesh