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2025 DAILYLAW 100431 (ALL)

UMAKANTI BAJPAI v. AKASH SINGH CHAUHAN

A227/11973/2025 · 2025-09-25

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11973 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: "(1) to direct the civil judge (J.D) city Kanpur Nagar to set aside the impugned order dated 18.09.2018 passed in Suit No.2016 of 2018 (Akash Singh Chauhan vs Anil Kumar Bajpai). (2) to decide the Suit No. 2016 of 2018 (Akash Singh Chauhan vs Anil Kumar Bajpai) as well as objection filed by the petitioner on the 6 C application under order 39 rule 1 and 2 to vacate the stay order dated 18.09.2018." 3. Contention of the learned counsel for the petitioner is that the petitioner filed an objection under Order 39 Rule 4 C.P.C. to an ex-parte injunction order granted on 18.09.2018 by the trial court and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (J.D.) City Kanpur Nagar to consider and decide the objections filed by the petitioner, in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a Versus Counsel for Petitioner(s) : Achchhey Lal Tiwari Counsel for Respondent(s) : Umakanti Bajpai .....Petitioner(s) Akash Singh Chauhan .....Respondent(s) certified copy of this order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. September 26, 2025 Ved Prakash A227 No. 11973 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad