Mohd Asad vs Mohd Arif
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Allahabad High Court

Mohd Asad vs Mohd Arif on 11 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:176750
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13673 of 2024
 

 
Petitioner :- Mohd Asad
 
Respondent :- Mohd Arif
 
Counsel for Petitioner :- Dharm Raj
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

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

"Issue an order or direction directing court i.e Civil Judge (Junior Division) Shahganj, Jaunpur to decide the Case No. 54 of 2024 (Mohd. Asad Vs. Mohd. Arif) pending in the Court of Civil Judge (Junior Division) Shahganj, Jaunpur expeditiously with in the period and till the disposal of 6C Application of petitioner earlier deciding the Case No.T202014360101132 of 2020 (Mohd. Arif vs. Mohd. Asad & others) and Case No.T202014360101130 of 2020 (Mohd. Arif vs. Mohd. Asad & others) Under Section 116 U.P. Revenue Code 2006."

2. The prayer made in the writ petition cannot be granted by this Court 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, learned counsel for the petitioner submits that application 6C filed by petitioner is pending consideration and same may be decided expeditiously.

3. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed off, at the admission stage, without calling for counter affidavit or issuing notice to private respondent, with a direction upon Civil Judge (Junior Division), Sahganj, Jaunpur to decide the temporary injunction application (6-C) filed by petitioner, 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.

4. With the aforesaid directions, writ petition stands disposed off.

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

Order Date :- 11.11.2024

Shekhar