Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 1247 of 2019 Petitioner :- Smt. Poonam Devi Respondent :- Anil Kumar (Minor) And 3 Othrs Counsel for Petitioner :- Sumit Pandey
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner 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 petitioner filed a Misc. Case No.50 of 2018 (CNR No.UPAL-18-002253/2018) for cancellation of sale deed dated 01.10.2018 which is registered at Bahi No.1 Zild No.2267 page No.45 to 68 S.N. 9966 in the office of Sub Registrar, Iglas before the court below. Thereafter, he also filed an application being No.8C2 under Order 39 Rule 1 & 2 read with Section 151 C.P.C. filed in the said case, 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 prayer that Civil Judge (Junior Division), Iglas, District-Aligarh may be directed to decide the Application being No.8C2 of the petitioner filed before the court below on 15.10.2018 in Misc. Case No.50 of 2018 "Smt. Poonam Devi vs. Anil Kumar & Ors." within stipulated time.
After hearing learned counsel for the petitioner and going through the records, writ petition is disposed of with a direction to Civil Judge (Junior Division), Iglas, District-Aligarh to decide the Application being no.8C2 under Order 39 Rule 1 & 2 read with Section 151 C.P.C. filed in Misc. Case No.50 of 2018 by the petitioner after hearing the parties concerned in accordance with law. The said exercise shall be done expeditiously say within a period of three 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