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2025 DAILYLAW 186259 (ALL)

MO. HUSAIN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

A227/6667/2025 · 2025-11-15

Subhash Vidyarthi

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6667 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shankar Lal Pandey, the learned counsel for the petitioner and Smt. Seema Dixit, the learned Standing Counsel. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (Jr. Div.), Court No. 13, Barabanki to decide Original Suit No. 433 of 2015 (Mohammad Husain v. Kamaruddin & Ors., expeditiously. 3. The State of U.P. is not a party to the suit and, therefore, it is neither necessary nor a proper party to the petition and the petition suffers from the defect of mis-joinder of parties. The petitioner has not annexed the entire order sheet along with the petition and from the copies of the orders annexed it appears that issues were framed by the trial court on 18.12.2015. The last order on 25.09.2024, the court was vacant and on 30.04.2025, the parties were absent. No order passed after 30.04.2025 has been annexed with the petition. 4. In these circumstances, no good ground has been made out for issuing any direction to the trial court. Versus Counsel for Petitioner(s) : Shankar Lal Pandey, Abhishek Shukla Counsel for Respondent(s) : C.S.C. Mo. Husain .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Respondent(s) 5. The instant petition lacks merit and the same is dismissed. November 15, 2025 Pradeep/- A227 No. 6667 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench