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Rajeev Gupta v. Reena Garg And 5 Others

Rajeev Gupta v. Reena Garg And 5 Others

(High Court Of Judicature At Allahabad)

MATTERS UNDER ARTICLE 227 No. - 4621 of 2023 | 25-04-2023

Prakash Padia, J.

1. Heard Sri Ashish Kumar Singh, learned counsel for the plaintiffpetitioner and perused the record.

2. The present petition under Article 227 of the Constitution of India has been filed inter alia with the following prayer:-

"1- to issue a suitable order or direction t the court below to decide the amendment application dated 7.01.2022 in Original suit no. 137 of 2021 (Rajiv Gupta Vs. Smt. Reena Garg & others) pending in the Court of Civil Judge (S.D.) Second, Hapur, within a time bound period."

3. It is argued by learned counsel for the petitioner that though the amendment application was filed in the month of January, 2022 but till date no decision has been taken on the same, hence the present petition.

4. In the facts and circumstances of the case, also in the interest of justice, the court below namely Civil Judge (S.D.) Second, Hapur is directed to decide the aforesaid amendment application most expeditiously and preferably on the next date fixed. On account of any reason, if no orders have been passed, the court below shall decide the same within two weeks thereafter.

5. It is made clear that the court below will decide the same strictly in the accordance with law after after affording opportunity of hearing to the parties concerned.

6. With above directions, the present petition is disposed of.

Advocate List
  • Ashish Kumar Singh

Bench
  • Hon'ble Justice&nbsp
  • Prakash Padia
Eq Citations
  • LQ
  • LQ/AllHC/2023/3842
Head Note

Constitution of India — Art. 227 — Delay in disposal of amendment application — Petitioner seeking direction to court below to decide amendment application filed in January, 2022 — Held, court below directed to decide amendment application most expeditiously and preferably on next date fixed