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2025 DAILYLAW 30868 (ALL)

SUSHEELA DEVI v. RAMPAL SINGH AND 3 OTHERS

A227/2700/2025 · 2025-03-19

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:40233 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2700 of 2025 Petitioner :- Susheela Devi Respondent :- Rampal Singh And 3 Others Counsel for Petitioner :- R.K. Singh. Rajput Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "I. Issue an order or direction, directing the court of Civil Judge (JD), Bidhuna, Auraiya to decide interim injunction application with affidavit (6C & 7C) dated 11.7.2023 filed in O.S. No. 414/2023 (Smt. Susheela Devi Vs. Ram Pal Singh and others), pending in the aforesaid court within some short stipulated period which this Hon'ble Court may deem fit and proper in the circumstance of the case. II. Issue an order or direction, directing the Learned Civil Judge (JD) Bidhuna, Auraiya to decide the abovementioned O.S. No. 414 of 2023 (Smt. Susheela Devi Vs. Ram Pal Singh and others), within some stipulated period this this Hon'ble Court may deem fit and proper in the 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 (Junior Division), Bidhuna, Auraiya to decide interim injunction application with affidavit (6-C and 7-C) filed in Original Suit No.414 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 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad