Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 4774 of 2021 Petitioner :- Om Prakash Respondent :- Kamal Kant And 2 Others Counsel for Petitioner :- Avinash Jaiswal,Ramdhan,Surendra Kumar Verma
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this writ petition under Article 227 of the Constitution, the petitioner has prayed for following relief as substantial one :-
"(ii). Issue an order or direction, directing the learned Civil Judge, Senior Division, Gorakhpur to consider and decide the Misc. Application No. 275 of 2017 filed by the plaintiff/respondent in Civil Suit No. 172 of 2009 (Kamal Kant v. Om Prakash and Others) within stipulated period at an early date as may be fixed y this Hon'ble Court.
Learned counsel for the petitioner submits that petitioner is defendant in the suit and plaintiff has filed application under Order IX Rule of 4 of Code of Civil Procedure, 1908..
Considering the overall facts and circumstances of the case, the petition is disposed of with a direction to the court concerned to consider and decide the decide Misc. Application No. 275 of 2017 filed by the plaintiff/respondent in Civil Suit No. 172 of 2009 (Kamal Kant v. Om Prakash and Others) strictly in accordance with law and after recording satisfaction regarding service of summons and after giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of three months from the date of production of copy of this order.
Copy of the order available on the official website of the High Court will be taken to be authentic one.
Order Date :- 30.9.2021 Sanjeev