Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75702 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4755 of 2025 Petitioner :- Smt Hajra Begum Respondent :- Kamrudin And Another Counsel for Petitioner :- Vishal Mishra Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayers:-
"i. Direct the learned Civil Judge (J.D.), Bidhuna, Auraiya to decide the Original Suit No.412/21, Smt. Hajra Begum vs Kamrudin and another, expeditiously and preferably within a time bound period as stipulated by this Hon'ble Court. ii. Direct the learned Civil Judge (J.D.), Bidhuna, Auraiya to decide the 6 (C) application which is pending for consideration till date in the Original Suit No.412/21, Smt. Hajra Begum vs Kamrudin and Another, expeditiously and preferably within a time bound period as stipulated by this Hon'ble Court."
2. The first prayer made in the writ petition cannot be granted in view of judgement of Constitution Bench of Hon'ble Apex Court rendered in case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267 and Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, as far as second prayer is concerned which is for a direction upon trial court to decide the 6-C application, expeditiously, the same is accepted.
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 court concerned to decide the 6-C application pending in Original Suit No. 412 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 :- 9.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad