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2025 DAILYLAW 20836 (ALL)

LAXMI NARAYAN AND ANOTHER v. UDIT NARAYAN AND ANOTHER

A227/1691/2025 · 2025-02-18

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24194 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1691 of 2025 Petitioner :- Laxmi Narayan And Another Respondent :- Udit Narayan And Another Counsel for Petitioner :- Sunil Kumar Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "A- Direct the learned Additional Civil Judge (J.D.) Allahabad to decide the Case No.1225 of 2021 (Laxmi Narayan and another Vs. Udit Narayan and another) pending before him, within stipulated period as may be prescribed by this Hon'ble Court." 2. The prayer made in the writ petition cannot be granted by this Court in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) as well as the judgment of Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. However, learned counsel for the petitioners submits that application 6C filed by petitioners is pending consideration and same may be decided expeditiously. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Additional Civil Judge (Junior Division), Prayagraj to decide the temporary injunction application (6-C) filed in Suit No. 1225 of 2021, 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 directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 19.2.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad