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2025 DAILYLAW 76385 (ALL)

MOHD SADIQ NAWAB v. GULAM HASAN

A227/7364/2025 · 2025-07-20

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:117659 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7364 of 2025 Petitioner :- Mohd Sadiq Nawab Respondent :- Gulam Hasan Counsel for Petitioner :- Arun Kumar Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "issue a, order or direction in the nature of mandamus commanding/directing to the Civil Judge (Senior Division)/F.T.C. Kanpur Nagar to decide 6-C Application filed in Original Suit No. 1512 of 2024 (Gulam Hasan vs. Mohd. Sadiq Nawab) under Section 36 Specific Relief Act and to decide the aforesaid Original Suit pending before him within some date fixed stipulated period fixed by this Hon'ble Court." 3. Contention of the learned counsel for the petitioner is that the aforesaid suit is pending since 2024. He prayed that the same may be decided, expeditiously. 4. Prayer made in the writ petition can not be granted to the petitioner in view of the judgment passed by the Division Bench of this Court in Ali Shad Usmani v. Ali Isteba; 2015 (2) ADJ 250 (DB). 5. It has been further contended by learned counsel for the petitioner that an application for interim injunction (paper No. 6C) is pending consideration. 6. No useful purpose would be served in keeping this petition pending. 7. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division)/F.T.C. Kanpur Nagar to consider and decide the interim injunction application (paper No. 6C) of the petitioner, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. Order Date :- 21.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad