Sunita Devi vs Devendra Kumar
2024 Latest Caselaw 36120 ALL

Allahabad High Court

Sunita Devi vs Devendra Kumar on 4 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172266
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13684 of 2024
 

 
Petitioner :- Sunita Devi
 
Respondent :- Devendra Kumar
 
Counsel for Petitioner :- Ajay Kumar
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

This writ petition has been filed with the following prayers:-

"I. To direct the Trial Court i.e. Learned Civil Judge (Junior Division) Mainpuri to decide the Civil Suit No.132 of 2024 (Sunita Devi Versus Devendra Kumar), within stipulated period.

II. To direct the Trial Court i.e. Learned Civil Judge (Junior Division) Mainpuri to decide the injunction application 6- Ga2 within stipulated period."

From perusal of the prayers made in the writ petition, the first prayer cannot be granted in view of Division Bench judgment rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB).

As far as the second prayer seeking a direction to decide 6Ga(2) application is concerned, no useful purpose would be served in keeping the matter pending, or calling for counter affidavit, or issuing notice to private respondents, at this stage.

This Court directs the Civil Judge (Junior Division), Mainpuri to decide the application 6Ga(2), 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.

With the aforesaid direction, present writ petition stands disposed of.

It is made clear that this Court has not adjudicated the case on merit.

Order Date :- 4.11.2024

SK Goswami