Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 30340 (ALL)

MUKHTAR AHMAD AND 2 OTHERS v. RAMPAL

A227/2663/2025 · 2025-03-19

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:40378 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2663 of 2025 Petitioner :- Mukhtar Ahmad And 2 Others Respondent :- Rampal Counsel for Petitioner :- Prabhakar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- " I- To direct the Court of Civil Judge (J.D.), Khalilabad, Basti to decide the Original suit no. 355 of 2023, Mukhtar Ahmad and others Vs. Rampal, pending before him as expeditiously as possible within a stipulated period as directed by this Hon'ble Court." 2. The prayer made in the writ petition cannot be granted in view of judgement of Constitution Bench of Hon'ble Apex Court rendered in case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 and Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, when the Court was going to dismiss the petition, learned counsel for petitioners states that 6-C application moved in Original Suit No. 355 of 2023 is pending consideration which may be decided. 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 respondents, with a direction upon court concerned to decide the 6-C application moved in Original Suit No. 355 of 2023, 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 :- 20.3.2025//V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad