GHULAM NAKI @ GHULAM NAKI KHAN v. ATA HUSSAIN AND 11 OTHERS
A227/2618/2025 · 2025-03-18
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 30325 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30325 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39245 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2618 of 2025 Petitioner :- Ghulam Naki @ Ghulam Naki Khan Respondent :- Ata Hussain And 11 Others Counsel for Petitioner :- Abhiuday Mehrotra,Harshdeep Kushwaha Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayers:-
"I) To direct the Court of Civil Judge (Senior Division), District Budaun to decide the injunction application (ANNEXURE NO-2) filed in Original Suit number 98 of 2024 Ata Hussain and Others Vs Gulam Naki and Others, expeditiously as possible within stipulated time fixed by this Hon'ble Court under the facts and circumstances of the case; II) To direct the Court of Civil Judge (Senior Division), District Budaun to conclude the trial of Original Suit number 98 of 2024 Ata Hussain and Others Vs Gulam Naki and Others, expeditiously as possible within stipulated time fixed by this Hon'ble Court under the facts and circumstances of the case;"
2. The second prayer made in the writ petition cannot be granted in view 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 first prayer made in the writ petition is concerned, no useful purpose would be served in keeping the matter pending or calling for counter affidavit, or issuing notice to private respondents and the writ is being disposed of, at the admission stage, with a direction upon Civil Judge (Senior Division), District Budaun to decide the injunction application filed in Original Suit No.98 of 2024, 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 :- 19.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad