Smt. Sonika Agrawal and Another vs Smt. Anita… — Writ and Judicial Review | Allahabad HC (2025)

Smt. Sonika Agrawal and Another vs Smt. Anita… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Second prayer allowed: Civil Judge (Junior Division), District Gautam Buddh Nagar directed to decide the stay application (Paper No. 6C2) in Original Suit No. 638 of 2022, in accordance with law, after hearing all affected parties, preferably within two months from the date of production of certified copy of the order; first prayer refused in view of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB); disposed of at admission stage without notice to private respondents.

Issue for consideration

Whether the High Court, in exercise of jurisdiction under Article 227 of the Constitution of India, should direct the Civil Judge (Junior Division), District Gautam Buddh Nagar to decide Original Suit No. 638 of 2022 within a fixed period. +1 more

Court's answer

The first prayer in the writ petition, seeking a direction to the trial court to decide Original Suit No. 638 of 2022 within a fixed period, cannot be granted in view of the Division Bench judgment of this Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB).

Ratio / Principle

As regards the second prayer, no useful purpose would be served in keeping the matter pending or calling for counter affidavit; the writ petition is disposed of at the admission stage, without issuing notice to the private respondents, with a direction upon the Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the stay application (Paper No. 6C2) filed in Original Suit No. 638 of 2022, 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 the order.

Key takeaways

It is made clear that this Court has not adjudicated the matter on merits.obiter¶12

Detailed headnote1 paragraphs

Writ petition under Article 227 of the Constitution of India seeking directions to the Civil Judge (Junior Division), District Gautam Buddh Nagar for early disposal of Original Suit No. 638 of 2022 and of the stay application (Paper No. 6C2) filed therein. Held: (i) the first prayer, for a time-bound disposal of the suit itself, cannot be granted in view of the Division Bench judgment of the Allahabad High Court in Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB); (ii) the second prayer allowed — the trial court directed to decide the stay application (Paper No. 6C2) in accordance with law, after hearing all affected parties, preferably within two months from production of certified copy of the order. Petition disposed of at the admission stage without issuing notice to the private respondents and without calling for counter affidavit; the Court expressly clarified that it has not adjudicated the matter on merits.

Neutral Citation No. - 2025:AHC:34683

Court No. - 9

Case :- MATTERS UNDER ARTICLE 227 No. - 2309 of 2025 Petitioner :- Smt. Sonika Agrawal And Another Respondent :- Smt. Anita Rani Sharma And Another Counsel for Petitioner :- Anurag Shukla

Hon'ble Rohit Ranjan Agarwal,J.

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

"i. Issue an order or direction in exercise of power conferred under Article 227 of the Constitution of India to the Court of Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the Original Suit No. 638 of 2022 (Smt. Sonika Agrawal and Another Vs. Smt. Anita Rani Sharma and Another), pending before him within a specific period as may be fixed by this Hon'ble Court.

ii. Issue an order or direction in exercise of power conferred under Article 227 of the Constitution of India to the Court of Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the stay application (Paper No. 6C2) filed in Original Suit No. 638 of 2022 (Smt. Sonika Agrawal and Another Vs. Smt. Anita Rani Sharma and Another), pending before him within a specific period as may be fixed by this Hon'ble Cou rt."

The first prayer made in the writ petition cannot be granted in view of judgement of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) .

As far as the second prayer made in the writ petition is concerned, no useful purpose would be served in keeping the matter pending or calling for counter affidavit.

The writ petition is being disposed of, at the admission stage, without issuing notice to private respondents, with a direction upon Civil Judge (Junior Division), District Gautam Buddh Nagar to decide the stay application (Paper No. 6C2) filed in Original Suit No. 638 of 2022, 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 directions, writ petition stands disposed of.

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

Order Date :- 10.3.2025 // SK Goswami

Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad