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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 5987 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. By means of the instant petition, the petitioner has prayed for the following main reliefs:-
"(i) Issue an order or direction commanding Civil Judge (Senior Divison) Malihabad, Lucknow to dispose the Regular Suit No. 2028 of 2024 titled Manju Yadav VS Aditi Shukla, Suit for Permanent Injunction contained in Annexure No. 01 of the instant petition as soon as possible or within a stipulated period which this Hon'ble Court deems fit and proper in the circumstances of the case. (ii) Issue an order or direction commanding the Judge (Senior Divison) Malihabad, Lucknow to decide the application filed by the petitioner under Order XXXIX Rule 1 and 2 Civil Procedure Code bearing paper no. C-6 contained in Annexure No. 02 of the instant petition, in Regular Suit No. 2028 of 2024 titled Manju Yadav VS Aditi Shukla as soon as possible or within a stipulated time which this Hon'ble Court deems fit and proper in the circumstances of the case. (iii) Issue an order or direction commanding the Civil Judge (Senior Divison) Malihabad, Lucknow to decide the application filed by the petitioner under Order XXXIX Rule 2-A Civil Procedure Code bearing paper no. B-3 contained in Annexure No. 04 of the instant petition, in Misc. Civil Case No. 766 of 2024 titled Manju Yadav VS Aditi Shukla as soon as possible or within a stipulated time which this Hon'ble Court deems fit and proper in the circumstances of the case." Versus Counsel for Petitioner(s) : Anand Kumar Sharma, Aakash Rai, Vaibhav Sharma Counsel for Respondent(s) :
Manju Yadav .....Petitioner(s) Aditi Shukla .....Respondent(s)
In view of the order proposed to be passed by this Court, notice to the private-respondent No.1 is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of his Case bearing Application under Section 39 Rule 1 and 2 C.P.C. bearing Paper No. C-6 in Regular Suit No. 2028 of 2024 (Manju Yadav Vs. Aditi Shukla) pending before the learned Civil Judge, Senior Division, Malihabad, Lucknow. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the matter has not yet been decided.
Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.2 to consider and finally decide the pending Application under Section 39 Rule 1 and 2 C.P.C. bearing Paper No. C-6 in Regular Suit No. 2028 of 2024 (Manju Yadav Vs. Aditi Shukla) pending before the learned Civil Judge, Senior Division, Malihabad, Lucknow most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties. It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall consider and decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. As far as the prayer nos. (i) and (iii) is concerned, the Court has not expressed its opinion and it shall be open that if any cause arises in future for the said relief, it will be open for the petitioner to take recourse as may be available to him in law. September 26, 2025 Asheesh A227 No. 5987 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench