Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34878 (ALL)

SUSHIL MISHRA v. ROHIT KANNAUJIA AND 2 OTHERS

A227/3090/2025 · 2025-03-31

Rohit Ranjan Agarwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:44887 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3090 of 2025 Petitioner :- Sushil Mishra Respondent :- Rohit Kannaujia And 2 Others Counsel for Petitioner :- Vivek Mishra Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "a) issue an order or direction to the learned Civil Judge (J.D.), Court No-15, Mirzapur to Case No-662 of 2024 (Sunil Mishra Vs. Rohit Kannaujia and 2 Others) in stipulated periods of time as this Hon'ble Court deem to be fit; otherwise the petitioner shall suffer irreparable loss and injury. b) issue an order or direction to the learned Civil Judge (J.D.), Court No-15, Mirzapur to decide interim application dated 13.09.2024 in the proceeding of Case No-662 of 2024 (Sunil Mishra Vs. Rohit Kannaujia and 2 Others) in stipulated periods of time as this Hon'ble Court deem to be fit; otherwise the petitioner shall suffer irreparable loss and injury." 2. The first 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, the second prayer made for expeditious disposal of pending interim application is concerned, the same is accepted. 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 interim application dated 13.09.2024 filed in Case No. 662 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 :- 1.4.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad