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2025 DAILYLAW 57711 (ALL)

RITIK KUMAR SINGHAL v. JAGJEET KAUR AND ANOTHER

A227/4965/2025 · 2025-05-14

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80024 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4965 of 2025 Petitioner :- Ritik Kumar Singhal Respondent :- Jagjeet Kaur And Another Counsel for Petitioner :- Ashwani Kumar Sachan,Saurabh Sachan Counsel for Respondent :- Aditya Bhushan Singhal Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "A. Issue order or direction directing the Civil Judge Senior Division Gautambudh Nagar to decide the suit no. 106/2023 dated 25.1.2023 i.e. Ritik Kumar Singhal Vs. Jagjeet Kaur & Others within a time bound manner preferably within a period of 6 months from the date order of this Hon'ble Court. B. Issue order or direction, Civil Judge Senior Division Gautambudh Nagar to decide the application dated 25.1.2023 (u/order 39 Rule 1 of CPC) in suit no. 106/2023 dated 25.1.2023 Le. Ritik Kumar Singhal Vs. Jagjeet Kaur & Others within a time bound period preferably within 2 weeks from the date of order of this Hon'ble Court." 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 (Senior Division), Gautambudh Nagar to decide the temporary injunction application filed in Suit No.106 of 2023 (Le. Ritik Kumar Singhal Vs. Jagjeet Kaur & Others), 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