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2025 DAILYLAW 37600 (ALL)

SHYAM LAL v. BANWARI AND 2 OTHERS

A227/3499/2025 · 2025-04-09

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52985 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3499 of 2025 Petitioner :- Shyam Lal Respondent :- Banwari And 2 Others Counsel for Petitioner :- Rajesh 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 the court below/learned Civil Judge (Senior Division), District-Basti to decide the Civil Suit No. 87/2021 (C.N.R. No. UPBS050001812021) (Shyam Lal Vs. Banwari and others) U/S 38 of Special Relief Act, 1963 expeditiously/within a time bound period. b) Issue, an order or direction to the Civil Judge (Senior Division), District- Basti to decide the and expeditiously disposed the interim injunction application "6C" expeditiously/within a time bound period." 2. The first prayer made in the writ petition cannot be granted in view of judgment 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. However, as far as the second prayer made in the writ petition is concerned, no useful purpose would be served in keeping the matter pending and 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 Civil Judge (Senior Division), Basti to decide the interim injunction application "6C" filed in Civil Suit No.87 of 2021, 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 :- 10.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad