Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31535 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1551 of 2025 Petitioner :- Ram Karan Respondent :- Shivmani And 10 Others Counsel for Petitioner :- Ashfaq Ahmed Ansari Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"Issue an order or direction to direct the learned Civil Judge (Jr.Div), Mirzapur to decide the O.S No.839 of 2018 (Shivmani and others Versus Ram Karan and others) pending in the court of learned Civil Judge (Jr.Div), Mirzapur within stipulated period after giving an opportunity to the parties in accordance with law."
2. The prayer made in the writ petition cannot be granted in view of Constitution Bench judgment of Apex Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 in which the Court has held that Constitution Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. The Court further held that issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending.
3. When the Court was going to dismiss the writ petition, counsel for the petitioner submits that application 6-C for grant of temporary injunction is pending
consideration since 2018, which may be directed to be decided expeditiously.
4. In view of the above, without calling for counter affidavit or issuing notice to private respondents, this Court directs the Civil Judge (Junior Division), Mirzapur to decide the temporary injunction application (6-C) filed in Suit No.839 of 2018 (Shivmani and others vs. Ram Karan and others), in case the same is pending, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.
5. With the aforesaid direction, present writ petition stands disposed of.
6. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 5.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad