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2025 DAILYLAW 61327 (ALL)

ARPIT VAISH v. KM PRISHA VAISH AND 5 OTHERS

A227/5330/2025 · 2025-05-21

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86900 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5330 of 2025 Petitioner :- Arpit Vaish Respondent :- Km Prisha Vaish And 5 Others Counsel for Petitioner :- Anil Kumar,Niraj Tiwari Hon'ble Rohit Ranjan Agarwal,J. The petitioner before this Court claims to be the father of the respondent no.1-Km. Prisha Vaish. Being the minor child, the suit in question was filed by the maternal grand mother Vandana Gupta, in which, an application for grant of temporary injunction was moved which was allowed. The defendant-petitioner had moved an application under Order 39 Rule 4 CPC objecting to the temporary injunction granted by the Court below, as the same was obtained after concealing the material facts. The said application under Order 39 Rule 4 CPC is pending consideration before the Court below. The sole prayer made in the writ petition is for expeditious disposal of the same which has been registered as Paper No.15-G. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Additional Chief Judicial Magistrate 17th Prayagra to decide the application filed under Order 39 Rule 4 CPC (registered as Paper No.15-G) in Original Suit No.241 of 2021, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of one month from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 22.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad