LIYAKAT KHAN AND 7 OTHERS v. MUSMMAD MADINA BEGAM AND 5 OTHERS
A227/1933/2025 · 2025-03-04
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 22971 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22971 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31689 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1933 of 2025 Petitioner :- Liyakat Khan And 7 Others Respondent :- Musmmad Madina Begam And 5 Others Counsel for Petitioner :- Ranjeet Asthana Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayers;
"(i) To direct the Civil Judge Junior Division Shikohabad Civil Court Firozabad to decide the Original Suit no. 598 of 2018 (Liyakat Khan (Dead) and others v/s Musmmat Madina Begam and others) within stipulated period in the interest of justice. (ii) To direct the Civil Judge Junior Division Shikohabad Civil Court Firozabad to decide the Misc. Application no 190 of 2023 of the petitioner (Saddam Hussain and others versus Musammat Madina Begam and others) within stipulated period in the interest of justice."
2. The first 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.
3. As far as second prayer for deciding the Misc. Application No. 190 of 2023 is concerned, Civil Judge (Junior Division), Shikohabad, Firozabad is directed to proceed with the matter and decide the same, in accordance with law, after hearing all affected parties, preferably within a period of three 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 :- 5.3.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad