Court No. - 59
Case :- MATTERS UNDER ARTICLE 227 No. - 1293 of 2019 Petitioner :- Sunil Kumar And Antoher Respondent :- Pankaj And Another Counsel for Petitioner :- Bishram Tiwari
Hon'ble Surya Prakash Kesarwani,J.
Sri Bishram Tiwari, learned counsel for the petitioners submits that stay application (paper No.7ga application) under Order XXXIX Rule 1, C.P.C. filed in O.S. No.107 of 2016 (Sunil Kumar vs. Pankaj) is pending in the court of Civil Judge (SD), Kushinagar, at Padrauna since 10.04.2016 and it has not been decided so far even though the defendants have appeared in the aforesaid case on 29.01.2019.
Considering the facts and circumstances of the case, no useful purpose will be served to keep this petition pending and call for a counter affidavit.
In view of the aforesaid and without expressing any opinion on the merits of the case, this petition is disposed of providing that the court below shall decide the aforesaid stay application (paper No.7ga application) in accordance with law, expeditiously preferably within two months from the date of presentation of a certified copy of this order, without granting any unnecessary adjournment to either of the parties, if there is no legal impediment.
Order Date :- 26.2.2019 NLY