Court No. - 1
Case :- WRIT - C No. - 19997 of 2019 Petitioner :- Rajendra Singh Respondent :- State Of U P And 25 Others Counsel for Petitioner :- Ruby Choudhary Counsel for Respondent :- C.S.C.,Mahesh Narain Singh
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Ms. Ruby Chaudhary, learned counsel for the petitioner, learned Standing Counsel for the State-respondent nos.1 to 5 and Sri Mahesh Narain Singh, learned counsel for the respondent no.6.
By means of this writ petition, the petitioner has come up before this Court with the prayer that the respondents may be directed to ensure compliance of the order dated 31.08.2009 passed by the Civil Judge (Junior Division), Sardhana Meerut in an application under order 39 rule 1 (application 6 Ga-2) of C.P.C. in Civil Suit No.85 of 2007.
It appears from the record that the petitioner had approached this Court for non compliance of order of Civil Court dated 31.08.2009. The aforesaid order dated 31.08.2009 was challenged by the State before the learned District Judge by filing Misc. Appeal No.84 of 2009 (State of U.P. and others vs. Rajendra Singh) and the same was dismissed vide order dated 10.02.2012 confirming the order dated 31.08.2009.
It is stated by learned counsel for the petitioner that the petitioner has already filed an application under order 39 Rule 2A of C.P.C. on 27.11.2017 and the same is still subjudice. As proceedings were still pending, hence, no order needs to be passed.
However, learned counsel for the petitioner further states that the prayer for expediting the said application may be considered expeditiously.
Considering the facts and circumstances of the case but without prejudice to the merits of the case, the court concerned is directed to decide the application dated 27.11.2017 of the petitioner, after providing opportunity to the parties, in accordance with law, within a period of three weeks from the date of production of certified copy of this order.
With the aforesaid observation, the writ petition stands disposed of.
(Vivek Varma, J.) (Ramesh Sinha,J.) Order Date :- 10.6.2019/Ajeet