Manju Devi v. Court Of Civil Judge (Junior Division) South
Case at a glance
Outcome
Disposed of
petition is disposed of
Provisions considered
- Code of Civil Procedure, 1908 O. IX r. 13
Key paragraphs
- Para 66. Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the learned Civil Judge (Junior Division) South, Unnao (respondent No. 1), before whom the aforementioned proceeding is pending for…
- Para 77. With the aforesaid observations/direction, the present writ petition is disposed of. Order Date :- 10.6.2025 Abhishek Gupta ABHISHEK GUPTA ABHISHEK GUPTA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench
Judgment
Heard Sri Bhanupriya Singh, learned counsel for the petitioner.
By means of the present writ petition, the petitioner has prayed for the following relief: "To issue an order directing the opposite party no.1 to expedite the hearing and disposal of the Civil Misc. Case No.-41 of 2017 (Manju Devi versus Binda Prasad and another), pending before the opposite party no.1 within the time to be stipulated by this Hon'ble Court. "
The submission of the learned counsel for the petitioner is that the proceedings under Order IX Rule 13 C.P.C. in Civil Misc. Case No. 41 of 2017 (Manju Devi versus Binda Prasad & another), is pending for disposal before the opposite party no.1 since 2017. It is further submitted by the learned counsel for the petitioner that objection to the said application filed under Order IX Rule 13 C.P.C. has already been submitted by the defendants in the aforesaid proceedings. He further submits that due to pendency of the aforesaid case, the petitioner is facing undue hardship.
In view of the nature of the order proposed to be passed, the service of notice upon the respondent nos. 2 & 3 is dispensed with.
Taking into consideration the facts and circumstances of the case, this Court is of the view that no useful purpose would be served in keeping this writ petition pending.
Accordingly, without adverting on merits of the case, this Court deems it appropriate to finally dispose of the present writ petition with a direction to the learned Civil Judge (Junior Division) South, Unnao (respondent No. 1), before whom the aforementioned proceeding is pending for disposal, to expeditiously decide the Misc. Case No. 41 of 2017, strictly in accordance with law, by a reasoned order on merit, within a period of six months from the date of receipt of a certified copy of this order, unless there is any legal impediment.
Operative part
With the aforesaid observations/direction, the present writ petition is disposed of. Order Date :- 10.6.2025 Abhishek Gupta ABHISHEK GUPTA ABHISHEK GUPTA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition is disposed of
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. IX r. 13.
Which court decided this case, and when?
Allahabad High Court, on 10 Jun 2025. The bench was SYED QAMAR HASAN RIZVI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.