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2025 DAILYLAW 41125 (ALL)

RAHUL SHARMA v. SMT TITIKSHA SHARMA AND 2 OTHERS

A227/3808/2025 · 2025-04-17

Rohit Ranjan Agarwal

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:57500 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3808 of 2025 Petitioner :- Rahul Sharma Respondent :- Smt Titiksha Sharma And 2 Others Counsel for Petitioner :- Arvind Kumar Verma,Mahesh Sharma Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to postpone the proceedings of Execution Case No. 1 of 2023, Smt. Titiksha. Sharma Vs. Rahul Sharma, till the decision of Misc. Appeal No. 105 of 2019, Rahul Sharma Vs. Smt. Titikeha Sharma and others pending before Additional District and Session. Judge, Court No. 16, Ghaziabad, in the interest of justice. It is further prayed that this Hon'ble Court may kindly be pleased direct the Ld. Court below i.e. Additional District and Session Judge, Court No. 16, Ghaziabad to decide the Restoration Application "Case No. 7 of 2023, Rahul Sharma Vs. Smt. Titiksha Sharma" in Misc. Appeal No. 105 of 2019, Rahul Sharma Vs Smt. Titiksha Sharma, pending in the court of Additional District and Session Judge, Court No. 16, Ghaziabad, in the interest of justice. It is further prayed that this Hon'ble Court may be pleased to direct the parties to maintain status quo over the H. No. 6/118, Raj Nagar, Pargana Loni, District Ghaziabad, during the pendency of present petition before this Hon'ble Court, and/or to pass any such other and further interim-order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case," It is contended by learned counsel for the petitioner that a restoration application No.7 of 2023 is pending consideration in the Misc. Appeal No.105 of 2019. The sole prayer made in the writ petition is for expeditious disposal of the said application. 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 Additional District and Sessions Judge, Court No.16, Ghaziabad to decide restoration application No.7 of 2023 filed in Misc. Appeal No.105 of 2019, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two 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 :- 18.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad