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2025 DAILYLAW 79347 (ALL)

PHOOLWATI v. MENHDI HASAN AND ANOTHER

A227/7944/2025 · 2025-07-28

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:125337 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7944 of 2025 Petitioner :- Phoolwati Respondent :- Menhdi Hasan And Another Counsel for Petitioner :- Bipin Kumar,Pavanesh Kumar Yadav 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 an order or direction, directing the court below i.e. Civil Judge (J.D.) Amroha to decide the original suit No.12 of 2024 (Phoolwati Vs. Menhdi Hasan and another), expeditiously as possible as within short stipulated period as may be fixed by this Hon'ble court which is pending before Civil Judge (J.D.) Amroha." 3. Contention of the learned counsel for the petitioner is that the 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 (J.D.) Amroha 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 :- 29.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad