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2025 DAILYLAW 113127 (ALL)

NARENDRA KUMAR JAIN AND ANOTHER v. SMT. VIMLA (DECEASED) AND ANOTHER

A227/16205/2024 · 2025-02-23

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26232 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 16205 of 2024 Petitioner :- Narendra Kumar Jain And Another Respondent :- Smt. Vimla (Deceased) And Another Counsel for Petitioner :- Sanjay Kr. Srivastava Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "i. Issue any order or direction in suitable nature and to set aside the order impugned dated 5.12.2024 [Annexure No.4 to this petition] passed by the court of learned Addl. Civil Judge [Senior Division], Court No.10, Meerut rejecting the petitioner's application 22Ga2. ii. Issue any order or direction in suitable nature commanding the learned Court below to consider the petitioner's application 22Ga2 afresh and to pass an appropriate order in accordance with law by stopping the execution of sale deed in respect of the suit property till disposal of interim injunction application [8Ga]." At the very outset, learned counsel for the petitioner states that he is not pressing both the prayers made in the writ petition. However, he submits that the application 8-C2 which has been moved by the plaintiff-petitioner for grant of temporary injunction is pending consideration since 20.09.2018. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to respondent, with a direction upon Court concerned to consider and decide the application for grant of temporary injunction which is pending since 20.09.2018, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 24.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad