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2025 DAILYLAW 27681 (ALL)

SMT. SONIKA AGRAWAL AND ANOTHER v. SMT. ANITA RANI SHARMA AND ANOTHER

A227/2309/2025 · 2025-03-09

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:34683 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2309 of 2025 Petitioner :- Smt. Sonika Agrawal And Another Respondent :- Smt. Anita Rani Sharma And Another Counsel for Petitioner :- Anurag Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i. Issue an order or direction in exercise of power conferred under Article 227 of the Constitution of India to the Court of Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the Original Suit No. 638 of 2022 (Smt. Sonika Agrawal and Another Vs. Smt. Anita Rani Sharma and Another), pending before him within a specific period as may be fixed by this Hon'ble Court. ii. Issue an order or direction in exercise of power conferred under Article 227 of the Constitution of India to the Court of Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the stay application (Paper No. 6C2) filed in Original Suit No. 638 of 2022 (Smt. Sonika Agrawal and Another Vs. Smt. Anita Rani Sharma and Another), pending before him within a specific period as may be fixed by this Hon'ble Court." 2. The first prayer made in the writ petition cannot be granted in view of judgement of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). 3. As far as the second prayer made in the writ petition is concerned, no useful purpose would be served in keeping the matter pending or calling for counter affidavit. 4. The writ petition is being disposed of, at the admission stage, without issuing notice to private respondents, with a direction upon Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the stay application (Paper No. 6C2) filed in Original Suit No. 638 of 2022, 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 directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 10.3.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad