Citation : 2024 Latest Caselaw 37027 ALL
Judgement Date : 11 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:176731 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 13701 of 2024 Petitioner :- Jyoti Grover And 2 Others Respondent :- Mohd Yusuf And 2 Others Counsel for Petitioner :- Akanksha Gaur Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"Issue an order or direction commanding /directing to direct the court below/Trial Court/learned Civil Judge (J.D.), Moradabad to decide and expedite the disposal of the instant Original Suit No. 906 of 2018 (Jyoti Grover and others Vs. Mohd. Yusuf and others) and further direct the court below to decide the same within a stipulated period as per the direction of this Hon'ble High Court."
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 petitioners submits that application 6C filed by petitioners 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), Moradabad to decide the temporary injunction application (6-C) filed in Suit No. 906 of 2018, 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
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