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2025 DAILYLAW 103023 (ALL)

SUMITRA DEVI v. STATE OF U.P. AND ANOTHER

A227/12244/2025 · 2025-10-06

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12244 of 2025 Court No. - 5 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: "(i) Issue an order or direction directing the Learned Civil Judge (Sr. Division), Chandauli to expedite the disposal of the declaratory suit bearing Case No. 425 of 2024 within stipulate period of time as fixed by this Hon'ble Court, so that the petitioner's rights over the property are adjudicated at the earliest; (ii) Issue an order or direction directing the Learned Civil Judge (Sr. Division), Chandauli to decide the pending 6C application filed under Order 39 Rule 1 and 2 of C.P.C. without any further delay and preferably within a time bound period, in order to protect the petitioner's possession and prevent irreparable harm to the petitioner and her family; otherwise the petitioner/plaintiff shall suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (6C Application) is pending since 2024 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 Versus Counsel for Petitioner(s) : Priyanka Tripathi, Vivek Tripathi Counsel for Respondent(s) : C.S.C. Sumitra Devi .....Petitioner(s) State of U.P. and Another .....Respondent(s) direction to the Civil Judge (Sr. Division), Chandauli to consider and decide the 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 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. October 7, 2025 Ved Prakash A227 No. 12244 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad