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2025 DAILYLAW 62202 (ALL)

DEEPAK KUMAR SINGH v. ARUN KUMAR SINGH @ GAMA SINGH AND 3 OTHERS

A227/5365/2025 · 2025-05-21

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87192 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5365 of 2025 Petitioner :- Deepak Kumar Singh Respondent :- Arun Kumar Singh @ Gama Singh And 3 Others Counsel for Petitioner :- Akhilesh Kumar Yadav,Shivendra Nath Singh Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "i. to direct the learned Additional Civil Judge (J.D.), Court No.2, Varanasi to decide the Case No. 1365 of 2023- (Deepak Kumar Singh Vs. Arun Kumar Singh @ Gama Singh and others) as well as Injunction Application 6C2 filed alongwith the Case No. 1365 of 2023 by the Plaintiff/Petitioner, pending before him, expeditiously, within stipulated period as fixed by this Hon'ble Court." 2. The prayer made in the writ petition cannot be granted by this Court in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) as well as the judgment of Constitution Bench of Hon'ble Supreme Court in High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. However, learned counsel for the petitioner submits that application 6C2 filed by petitioner is pending consideration and same may be decided expeditiously. 3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed off, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Civil Judge (Junior Division), Court No. 2, Varanasi to decide the temporary injunction application (6-C2) filed in Case No. 1365 of 2023, 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 off. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 22.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad