Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62462 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4064 of 2025 Petitioner :- Parmeshwari Devi Respondent :- Vibha Counsel for Petitioner :- A.P. Singh Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer:-
"(a) It is, therefore, Most Respectfully prayed that this Hon'ble may graciously be pleased to issue direction directing the Court of Learned Civil Judge Junior Division Kasya Kushinagar or any other Transferee Court to decide the case no. 910/2021 (Sanjay Kumar and another Vs. Vibha) under section 38 and 31 of S.R. Act within stipulated period fixed by this Hon'ble Court and/or pass such other and further
order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case otherwise the petitioner shall suffer and irreparable loss and injury. (b) To consider and decide the Stay Application dated 25.06.2021 filed in case no. 910/2021 under order 39 Rule 1 C.P.C. on the next date of hearing."
2. The first prayer made in the writ petition cannot be granted in view decision of Constitution Bench judgment of Apex Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 in which the Court has held that Constitution Courts should refrain from fixing a time-bound schedule for the disposal of cases pending before any other courts. The Court further held that issue of prioritising the disposal of cases should be best left to the decision of the courts concerned where the cases are pending.
3. As far as the prayer no.(b) is concerned, this Court without calling for counter affidavit or issuing notice to private respondents, directs the Civil Judge (Junior Division), Kasya, Kushinagar to decide the temporary injunction application (6-C) filed in Suit No.910 of 2021 (Sanjay Kumar and another vs. Vibha), 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 direction, the writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the case on merit.
Order Date :- 24.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad