Dashrath Singh vs Smt Batoli Devi
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Allahabad High Court

Dashrath Singh vs Smt Batoli Devi on 7 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174868
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 12599 of 2024
 

 
Petitioner :- Dashrath Singh
 
Respondent :- Smt Batoli Devi
 
Counsel for Petitioner :- Ajay Sengar
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. This writ petition has been filed with the following prayer:-

"(i) Direct to the Learned Civil Judge (J.D.), Kalpi, Jalaun to decide an Original Suit No. 0198 of 2022 (Dashrath Singh Versus Smt. Batoli Devi) Tahsil- Tahsil & Paragana Kalpi, District Jalaun as well as the Application for Temporary Injunction i.e. 7C-2 expeditiously within a short period."

2. The prayer made in the writ petition to the extent of direction for deciding the Original Suit No. 0198 of 2022 cannot be granted in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, the prayer made for direction to decide temporary injunction application 7-C2 is concerned, the same is hereby granted. The Civil Judge (J.D.), Kalpi, Jalaun is hereby directed to proceed with said application (7-C2) filed in Suit No. 0198 of 2022 and take a final decision, 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.

3. With the aforesaid directions, writ petition stands disposed of.

4. It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 7.11.2024

V.S.Singh