Smt Shilpi vs Om Prakash Upadhyay And 10 Others
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Allahabad High Court

Smt Shilpi vs Om Prakash Upadhyay And 10 Others on 19 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:180861
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 14511 of 2024
 

 
Petitioner :- Smt Shilpi
 
Respondent :- Om Prakash Upadhyay And 10 Others
 
Counsel for Petitioner :- Rama Shankar Singh,Saurabh Kumar
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

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

"(a). issue a suitable Order or direction to the learned Small Causes Judge, District Allahabad to take appropriate decision in the pending Original Suit No.1368 of 2019 (Smt. Shilpi Vs. Om Prakash Upadhyay and others) expeditiously within stipulated period as directed by this Hon'ble 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 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 the Court concerned to decide the temporary injunction application (6-C) filed in Suit No. 1368 of 2019, 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 :- 19.11.2024

Shekhar