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Neutral Citation No. - 2025:AHC:87810 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5431 of 2025 Petitioner :- Nirmala Devi Respondent :- Kishun And Another Counsel for Petitioner :- Antima Rajbhar Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayers;
"(a) Issue order or direction, directing the Civil Judge, (J.D.) Saidpur, District-Ghazipur to decide the Original Suit No. 164 of 2021 (Nirmala Devi Vs. Kishun and Another) within time bound manner preferably within a period of 6 month date order of this Hon'ble Court. (b) Issue order or direction, directing the Civil Judge, (J.D.) Saidpur, District- Ghazipur to decide the application dated 25.02.2021 (under Order 39 Rule 1 of C.P.C.) in Original Suit No. 164 of 2021 (Nirmala Devi Vs. Kishun and Another) within time bound period preferably within a period of 2 weeks date
order of this Hon'ble Court."
2. The first 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 6C 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), Saidpur, Ghazipur to decide the temporary injunction application (6-C) filed in Suit No. 164 of 2021, 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 :- 23.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad