Hari Murti Tiwari v. Awadhesh @ Awadhesh Ram Suresh And 2 Others

Petitioner :- Hari Murti Tiwari Respondent :- Awadhesh @ Awadhesh Ram Suresh And 2 Others Counsel for Petitioner :- Birendra Prasad Maurya, Smt. Mithlesh Kumari Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "(i) Issue a order directing in the nature of mandamus directing the Civil Judge (Junior Division) Shahar Azamgarh to decide the application as 14ga- 2 dated 19.01.2023 filed by petitioner in Case No. 1890 of 2022 (Awadhesh v/s Daya Ram & others) Under Order-1 Rule 10 Civil Procedure Code to make a party in said case as opposite party, ensuring day to day hearing not giving the unnecessary adjournment either of the parties, pending before him within stipulated period as Fix by this Hon'ble court. " It is contended by learned counsel for the petitioner that an application 14-C2 filed under Order 1 Rule 10 CPC is pending consideration before Civil Judge (Junior Division) Shahar Azamgarh. The sole prayed made in the writ petition is for early disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division) Shahar Azamgarh to decide the application 14-C2 filed under Order 1 Rule 10 CPC, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 12.12.2024 SK Goswami