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2025 DAILYLAW 40972 (ALL)

GIRJASHANKAR v. RAKESH AND 22 OTHERS

A227/3807/2025 · 2025-04-17

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57537 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3807 of 2025 Petitioner :- Girjashankar Respondent :- Rakesh And 22 Others Counsel for Petitioner :- Chandra Kant Mishra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "I. Issue order or direction commanding in court of Civil Judge (Junior Division), Jaunpur to decide the Original Suit No. 562/2016 (Sankatha Prasad and others versus Rakesh and others) pending since 26.05.2016 before Civil Judge (Junior Division), Jaunpur within stipulated period as fixed 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 Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. 3. However, when the Court was going to dismiss the petition, learned counsel for petitioner states that in the civil suit, an application for temporary injunction was moved which was allowed by the trial Court and the said order was being violated which led to filing of the application under Order 39 Rule 2A CPC, which is pending consideration. He further submits that a direction may be issued to decide the said application at the earliest. 4. 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 application filed under Order 39 Rule 2-A CPC, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 18.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad