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2025 DAILYLAW 94097 (ALL)

SANTOSH v. RAJ KUMAR AND 10 OTHERS

A227/10796/2025 · 2025-09-10

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10796 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. This writ petition has been filed for the following relief: "Issue, an order, or direction, Additional Civil Judge (Junior Division), Court No.2, Varanasi to decide the 6C application filed by plaintiff/respondent in Original Suit No. 3701 of 2022, Raj Kumar and others Vs. Smt. Durgawati Devi and others pending before the court of Additional Civil Judge (Junior Division), Court No.2, Varanasi on the basis of objection filed by the defendant/petitioner in accordance with law within short stipulated period as fixed by this Hon'ble Court in the interest of justice." 3. Contention of the learned counsel for the petitioner is that the aforesaid suit is pending since 2022. 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 Versus Counsel for Petitioner(s) : Ram Raj Prajapati, Rama Kant Gupta Counsel for Respondent(s) : Santosh .....Petitioner(s) Raj Kumar And 10 Others .....Respondent(s) direction to the Additional Civil Judge (Junior Division), Court No.2, Varanasi 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. September 11, 2025 Ved Prakash A227 No. 10796 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad