ROHAN CHANDRAWATI TANAY v. HARI LAL MAURYA AND 7 OTHERS
A227/11850/2025 · 2025-09-24
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101642 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101642 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11850 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) Direct the learned court below to decide the 6C application dated 18.02.2025 filed by the petitioner in Civil Suit No. 92 of 2025, CRN No. UPAZ050001782025 (Chandrawati Devi and others Vs Hari Lal Maurya and others) under order 39 Rule 1 and read with Section 151 C.P.C. before the Civil Judge Senior Division, District Azamgarh, within stipulated period as determine by this Hon'ble Court. (Annexure no. 2 to this Writ petition). (II) Issue order or direction in the nature of mandamus commanding the respondents/defendants not interfere the peaceful possession of the petitioner over the land in question, not made any construction over the land and also direct the respondents/defendants to not disturb the petitioner in the aforesaid land till disposal of 6C application dated 18.02.2025 filed by the petitioner."
3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 of C.P.C. (6C Application) is pending since 18.02.2025 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. Versus Counsel for Petitioner(s) : Brijesh Kumar Tiwari, Sharad Chand Rai Counsel for Respondent(s) :
Rohan Chandrawati Tanay .....Petitioner(s) Hari Lal Maurya And 7 Others .....Respondent(s)
5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge Senior Division, District Azamgarh to consider and decide the aforementioned interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, 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 25, 2025 Nitika Sri. A227 No. 11850 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad