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2025 DAILYLAW 60663 (ALL)

SMT. PUNNI DEVI v. SADANAND VERMA AND 5 OTHERS

A227/5200/2025 · 2025-05-19

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:84144 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5200 of 2025 Petitioner :- Smt. Punni Devi Respondent :- Sadanand Verma And 5 Others Counsel for Petitioner :- Naghma Qadir,Nandani Patel Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "I. Issue an order or direction to directing the Learned Civil Judge (Junior Division) Varanasi to decide the Suit No. 1111 of 2022 (Sadanand Vs. Punni Devi and others) within stipulated time period as directed 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 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, when the Court was going to dismiss the petition, learned counsel for petitioner states that 6-C application moved in Original Suit No. 1111 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 court concerned to decide the interim injunction application 6C pending in Original Suit No. 1111 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 :- 20.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad