Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12353 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard the petitioner appearing in person and perused the record. 2. This writ petition has been filed for following relief:
"i. Direct the Ld. Family Court, to treat the Respondent's opportunity to file written statement as closed, for deliberate non-filing despite appearance since April 2025 & knowledge since May 2024, and proceed to issues and evidence on the unrebutted plaint; ii. In the alternative, and without prejudice to (ii): Direct the Ld. Family Court to grant the Respondent a last and final period of 10 (ten) days from the date of communication of this Hon'ble Court's order to file the Written Statement, failing which the right shall stand closed automatically; iii- Direct the Ld. Family Court to conduct the trial on a day-to-day basis until conclusion, so far as is practicable and consistent with the interests of justice, not granting any adjournment beyond the following day except for reasons to be recorded in writing; iv- grant any other relief that this Hon'ble High Court may deem just, proper, and expedient in the interest of justice and fairness by altering or modifying the above prayers, to prevent further irreparable harm and injury to the Petitioner; and V-issue, any other order or direction in favour of the petitioner which this Versus Counsel for Petitioner(s) : In Person Counsel for Respondent(s) :
Raghav Agarwal .....Petitioner(s) Akanksha Agarwal .....Respondent(s)
Hon'ble High Court may deem fit and proper under the facts and circumstances of the case."
3. From the perusal of writ petition it is apparent that earlier also a petition being Matter under Article 227 No. 7443 of 2025 was filed by the petitioner for deciding the petition bearing Case No. 82 of 2024 filed by the petitioner under the Guardians and Wards Act, 1890. The said petition was disposed of by order dated 22.07.2025 directing the court below to conclude the proceedings within one year. 4. Now, from the relief as claimed in this writ petition, the petitioner wants a direction for day to day disposal of the case which is not permissible. This petition in fact, is for the same relief for which he has earlier filed a petition being Matter under Article 227 No. 7443 of 2025.
The direction as prayed cannot be given by this Court in exercise of power under Article 227 of Constitution of India so as to direct the court below to conduct the proceedings as prayed by the petitioner. 4. In view of the Rule 7 of Chapter XXII of the Rules of the High Court Rules, 1952, second writ petition for the same relief, is not maintainable. 5. Accordingly, the writ petition is dismissed. October 10, 2025 Ved Prakash A227 No. 12353 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad