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2025 DAILYLAW 11442 (ALL)

GAURAV TRIPATHI v. STATE OF U.P. AND 3 OTHERS

A227/800/2025 · 2025-01-24

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12734 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 800 of 2025 Petitioner :- Gaurav Tripathi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajeev Kumar Pandey,Sanjiv Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This is plaintiff's petition. This writ petition has been filed with the following prayer; "(i) direct the respondents nos. 2 to 4 to maintain status quo over properties in dispute (i) LIG 3/74 Awas Vikas Colony Yojna 3, Jhunsi Tehsil Phoolpur and (ii) the house situated at LIG 3/93 Awas Vikas Colony Yojna 3, Jhunsi Tehsil Phoolpur District Prayagraj during the pendency of Injunction Suit No. 424 of 2024 (Gaurav Tripathi versus Aruna Mishra and others) on 16.4.2024 in the Court of learned Civil Judge (Senior Division), Allahabad and suit No. 1695 in the court of learned Civil Judge (Senior Division), for cancellation of both gift deeds dated 5.10.2024 registered in the office of Sub Registrar, Phoolpur, Prayagraj. (ii) restrain the respondent Nos. 2, 3 and 4 from transferring the property in dispute or creating any third party rights over the said disputed properties during the pendency of the aforesaid suits. (iii) direct the Court concerned to expeditiously hear and dispose of Injunction Suit No. 424 of 2024 (Gaurav Tripathi versus Aruna Mishra and others) on 16.4.2024 in the Court of learned Civil Judge (Senior Division), Allahabad and suit No. 1695 in the court of learned Civil Judge (Senior Division), within stipulated period which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 2. The prayer for expeditious disposal of civil suit cannot be granted by this Court in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB) as well as the judgment of Constitution Bench of Hon'ble Supreme Court in case of High Court Bar Association, Allahabad vs. State of Uttar Pradesh and others (2024) 6 SCC 267. As far as first and second prayer is concerned as application for grant of temporary injunction is pending consideration before the court concerned, the said prayers also cannot be allowed by this Court. 3. Learned counsel for the petitioner submits that application 6C filed by petitioner is pending consideration and, as such, direction may be issued for expeditious disposal of the same. 4. 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 private respondent, with a direction upon Civil Judge (Senior Division), Prayagraj to decide the temporary injunction application (6-C) filed in Suit No. 424 of 2024, 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. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 24.1.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad