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2025 DAILYLAW 55991 (ALL)

RAM NIDHI AND ANOTHER v. SURYA LAL AND 5 OTHERS

A227/4992/2025 · 2025-05-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80175 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4992 of 2025 Petitioner :- Ram Nidhi And Another Respondent :- Surya Lal And 5 Others Counsel for Petitioner :- Sarvesh Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "Issue a order or direction in exercise of power conferred under Article 227 of the constitution of India to direct the Court of Civil Judge (S.D.), District Allahabad to decide the Suit/Case no. 778/2024 (Ram Nithi & another Vs. Surya Lal and other) as well as Stay application (6C application) pending before him, within stipulated period, may be fixed by this Hon'ble court." 2. The first part of the 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 second part of the prayer is concerned, this Court without calling for counter affidavit or issuing notice to private respondents, directs the Civil Judge (Senior Division), Allahabad to decide the temporary injunction application filed in Suit No.778 of 2024 (Ram Nithi & another Vs. Surya Lal and other), 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 :- 15.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad