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2025 DAILYLAW 103774 (ALL)

RAKESH BAHADUR SINGH v. SMT. JYOTI TRIPATHI

A227/12323/2025 · 2025-10-08

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. - 12323 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: "Issue a order or direction, directing the learned Civil Judge (S.D.) Varanasi to pass appropriate order upon the interim injunction application 8Ga moved by the petitioner under Order XXXIX Rule 1 and 2 of C.P.C. in Original Suit No. 1124 of 2021 (Rakesh Bahadur Singh Versus Smt. Jyoti Tripathi) pending before the Court of learned Civil Judge (S.D.) Varanasi for permanent prohibitory injunction and also specific performance, expeditiously within stipulated period as fixed by this Hon'ble Court by directing both the parties to maintain status-quo over the property in question till the final interim disposal application." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (8C Application) is pending since 2021 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. Versus Counsel for Petitioner(s) : Pawan Kumar Rai, Rohit Srivastava Counsel for Respondent(s) : Rakesh Bahadur Singh .....Petitioner(s) Smt. Jyoti Tripathi .....Respondent(s) 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 (S.D.) Varanasi to consider and decide the interim injunction application (8C 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 9, 2025 Ved Prakash A227 No. 12323 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad