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2025 DAILYLAW 102198 (ALL)

SMT. MAYA DEVI v. NEM SINGH AND 4 OTHERS

A227/11901/2025 · 2025-09-25

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11901 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. This writ petition has been filed seeking following relief :- "set aside the impugned order dated 15.9.2025 (Annexure-1)passed by Civil Judge (Junior Division) Atrauli, Aligarh in Original Suit No. 195/25 Maya Devi vs. Nem Singh and further be pleased to direct the parties to maintain strict status quo over the property in question till disposal of temporary injunction application bearing paper No.6-C; to direct the Civil Judge (Junior Division) Atrauli, Aligarh to decide the temporary injunction application bearing Paper No. 6Ga as expeditiously as possible, preferably within a stipulated period of time; and/or such other and further order be passed as is expedient in the interest of justice." 4. Contention of learned counsel for the petitioner is that in a suit filed by the petitioner, petitioner has moved an application for interim injunction and on the said application the Court below i.e. Trial Court issued notices and has not granted ex parte injunction. After the institution of the suit, defendant-respondent tried to take possession over the land in dispute and tried to cut the standing crops. Petitioner moved an application dated 15.9.2025 mentioning therein that the defendant- respondent tried to take forcible possession of the property in dispute. On the said application, order has been passed that application be put up on the date fixed. It has been further contended by learned counsel for the petitioner that there is an eminent threat of dispossession and the Court below has not consider the application filed by the petitioner. Versus Counsel for Petitioner(s) : Tarun Agarwal Counsel for Respondent(s) : Smt. Maya Devi .....Petitioner(s) Nem Singh And 4 Others .....Respondent(s) 5. Since the application for interim injunction as well as subsequent application are pending, no useful purpose would be served in keeping this writ petition pending. 6. Accordingly, the writ petition stands disposed of with direction to the Civil Judge (Junior Division), Atrauli, Aligarh to decide the application for interim injunction filed by the petitioner, in accordance with law, expeditiously, preferably, within a period of six weeks from the date of a certified copy of this order after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 7. For a period of six weeks, parties are directed to maintain status quo subject to the condition that petitioner will not seek undue adjournments to linger on disposal of the application and in case any effort is being made by the petitioner to linger on the disposal of application, the interim order granted by this Court shall automatically be vacated. September 26, 2025 Rishabh A227 No. 11901 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad