Raj Bahadur Jain vs Hukum Chand Jain And Others

Alok Kumar Verma, J

The present writ petition has been filed under Article 227 of the Constitution of India with the following prayers:-

“(i) A writ, order or direction in the nature of mandamus commanding the learned Civil Judge (Junior Division), Jaspur, U.S. Nagar to decide the application under O23 R 1(3) filed by the petitioner in Civil Suit No. 06 of 2023 Rajbahadur Jain vs. Hukum Chand Jain and others which is pending before it expeditiously within 30 days.

(ii) Any other suitable writ, order or direction which this Hon'ble court may deem fit and proper in the circumstances of the case.

(iii) Award the cost of petition to the petitioner.”

Heard Mr. Raveesh Jain, learned counsel for the petitioner and Mr. Siddhartha Singh, learned counsel for the respondent no.1.

Mr. Raveesh Jain, Advocate has requested on instructions to direct the learned Civil Judge (Junior Division), Jaspur, District Udham Singh Nagar to make an effort to decide the Application, filed by the petitioner under Order 23 Rule 1(3) of the Code of Civil Procedure, 1908.

The said request has not been opposed by the respondent no.1.

The present Writ Petition is disposed of on the request of both the parties with a request to learned Civil Judge (Junior Division), Jaspur, District Udham Singh Nagar to make an endeavour to decide the Application, filed by the petitioner under Order 23 Rule 1(3) of the Code of Civil Procedure, 1908 expeditiously.

The Writ Petition (WPMS No.383 of 2026) is disposed of accordingly.