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2025 DAILYLAW 20663 (ALL)

SHIV KUMAR SHASTRI v. DEVANAD AND ANOTHER

A227/1762/2025 · 2025-02-19

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:24968 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1762 of 2025 Petitioner :- Shiv Kumar Shastri Respondent :- Devanad And Another Counsel for Petitioner :- Rajesh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "a) Issue, an order or direction to the Civil Judge (Junior Division), Khalilabad, District-Basti to decide the Original Suit No. 660/2015 (Shiv Kumar Shastri Vs. Keshari Prasad and others) U/S 38 of Special Relief Act, 1963 expeditiously/within a time bound period. b) Issue, an order or direction to the Civil Judge (Junior Division), Khalilabad, District-Basti to decide the and expeditiously disposed the interim injunction application "6C" expeditiously/within a time bound period." 2. The first prayer made in the writ petition cannot be granted in view decision 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. As far as the prayer no.(ii) is concerned, this Court without calling for counter affidavit or issuing notice to private respondents, directs the Civil Judge (Senior Division), Varanasi to decide the temporary injunction application (6-C) filed in Suit No.660 of 2015 (Shiv Kumar Shastri vs. Keshari Prasad and others), 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. 4. With the aforesaid direction, the writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 20.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad