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2025 DAILYLAW 32606 (ALL)

SMT. SURJA DEVI v. UMESH KUMAR UPADHYAY AND 2 OTHERS

A227/2816/2025 · 2025-03-23

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43112 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2816 of 2025 Petitioner :- Smt. Surja Devi Respondent :- Umesh Kumar Upadhyay And 2 Others Counsel for Petitioner :- Kailash Nath Singh Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "i) Issue a suitable direction to the district judiciary to decide the Misc. Case No.141/2024 (Smt. Surja Devi vs. Umesh Kumar Upadhyay & others), pending before the Civil Judge (Junior Division), Jaunpur, within stipulated time as fixed by this Hon'ble Court (Annexure No.1 to this petition). ii) Issue a suitable direction to the defendants/respondents restraining them from changing the nature of land in dispute and maintain status quo on the spot till the disposal of Misc. Case No.141/2024 (Smt. Surja Devi vs. Umesh Kumar Upadhyay & others)." Learned counsel for the petitioner submits that he is not pressing the second prayer, and only confining to his first prayer made in the writ petition. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division), Jaunpur to decide the Misc. Case No.141 of 2024, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of three 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 :- 24.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad