HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12005 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. This petition has been filed challenging the order dated 29.08.2025 by which an application filed by the plaintiff-petitioner under Section 151 C.P.C. has been rejected. 2. Earlier, the petitioner instituted Original Suit No. 1286 of 2025 for the relief of mandatory injunction i.e. restraining the respondent from digging basement along with an application for interim injunction. On the said application, notice was issued and the defendant appeared before the court below in pursuance to the notice. During pendency of the application for interim injunction, defendant-respondent started digging basement. Then, the petitioner immediately moved an application on 29.08.2025 under Section 151 C.P.C. which has been rejected by the order impugned. 3. It has been stated by learned counsel for the petitioner that 26.10.2025 is the next date fixed in the suit. 4. Since the application for interim injunction is pending before the court below and the defendant has also appeared, no useful purpose would be served in keeping this petition pending. 5. The trial court i.e. Civil Judge (Senior Division), Gautam Buddh Nagar is directed to consider and decide the application for temporary injunction, in accordance with law, expeditiously, preferably on the next date fixed in the suit after hearing all the concerned parties and giving a Versus Counsel for Petitioner(s) : Rohan Gupta, Shailesh Upadhyay, Sr. Advocate Counsel for Respondent(s) : M/S Jaypee Greens (A Division Of Jaiprakash Associates Limited) .....Petitioner(s) Satyendra Narayan Dwivedi .....Respondent(s) reasonable opportunity of leading evidence in respect of their case. In case for some unavoidable reason, it is not possible to decide the application on the next date fixed, the same shall be considered and decided within next one week. 6. Accordingly, the petition stands disposed of. October 6, 2025 Nitika Sri. A227 No. 12005 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad