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2025 DAILYLAW 45804 (ALL)

DINESH TYAGI v. SANJEEV AND 11 OTHERS

A227/4328/2025 · 2025-04-29

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:67777 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4328 of 2025 Petitioner :- Dinesh Tyagi Respondent :- Sanjeev And 11 Others Counsel for Petitioner :- Raj Kumar Mishra,Sanjay Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "i) direct the Civil Judge (Sr. Div) Ghaziabad to consider and conclude the Case No. 1158 of 2022 (Dinesh Tyagi Vs. Sanjeev and others) pending in the court of Civil Judge (Sr. Div) Ghaziabad expeditiously as early as possible 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. However, when the Court was going to dismiss the petition, learned counsel for petitioner states that 6-C application moved in Original Suit No.1158 of 2022 is pending consideration which may be decided. 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 Civil Judge (Sr. Div) Ghaziabad to decide the 6-C application pending in Suit No.1158 of 2022, 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 :- 30.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad