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2025 DAILYLAW 26965 (ALL)

MOHAMMAD SHUEB WARSI v. SMT. ASHIYA @ SHIVA

A227/2258/2025 · 2025-03-06

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33521 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2258 of 2025 Petitioner :- Mohammad Shueb Warsi Respondent :- Smt. Ashiya @ Shiva Counsel for Petitioner :- Pawan Giri Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "i) issue a writ, order or direction in the nature of mandamus directing the Learned Court of Principal Judge, Family Court, Auraiya to decide the Guardian Ward Case no.28 of 2023 (Mohammad Shueb Warsi Vs. Smt. Ashiya @ Shiva), filed U/s. 7 of the Guardians and Wards Act, pending in the Learned Court of Principal Judge, Family Court, Auraiya, since 12.10.2023, within a stipulated period as this Hon'ble court may deem fit and proper and without unnecessary adjournments as may be prescribed by this Hon'ble Court;" It is contended by learned counsel for the petitioner that a case filed by the petitioner under Section 7 of the Guardians and Wards Act is pending consideration before the Principal Judge, Family Court, Auraiya since 12.10.2023. The sole prayer made in the writ petition is for early disposal of the said case. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the respondent, the matter is being disposed of, at the admission stage, with a direction upon Court concerned to decide the Guardian Ward Case No.28 of 2023, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of six months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 7.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad