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2025 DAILYLAW 62750 (ALL)

UMA SHANKAR v. HEMANT KUMAR GAUTAM

A227/5471/2025 · 2025-05-25

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:89052 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5471 of 2025 Petitioner :- Uma Shankar Respondent :- Hemant Kumar Gautam Counsel for Petitioner :- Arun Kumar Sharma,Mohd Hasnain Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "i. Pass an Order, directing the Civil Judge (Junior Division), Sadar, District Mau to decide the Application 6C in Original Suit No. 1829 of 2022 [Hemant Kumar Gautam Versus Uma Shankar] on merits pending in the Court of Civil Judge (Junior Division), Sadar, District Mau within a stipulated period of time as prescribed by this Hon'ble Court; ii. Pass an Order, directing the Civil Judge (Junior Division), Sadar, District Mau to decide the Original Suit No. 1829 of 2022 [Hemant Kumar Gautam Versus Uma Shankar) on merits pending In the Court of Civil Judge (Junior Division), Sadar, District Mau within a stipulated period of time as prescribed by this Hon'ble Court;" 2. The second 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, as far as the first prayer made for early disposal of application 6C pending in Original Suit No. 1829 of 2022 is concerned, the same is accepted. 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 application 6C pending in Original Suit No. 1829 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 :- 26.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad