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2025 DAILYLAW 114541 (ALL)

SMT. SUSHMA SINGH and ANOTHER v. ADDL. DISTRICT JUDGE COURT NO. 5 RAEBARELI and OTHERS

WRIC/1003160/2014 · 2025-09-08

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 1003160 of 2014 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard, learned counsel for the petitioners. 2. The present petition has been filed challenging the order dated 28.03.2014, whereby a miscellaneous appeal was allowed and the order of the trial court passed on 13.08.2012 was set aside. 3. The contention of the learned counsel for the petitioners is that the opposite party preferred a suit. In the said suit, an injunction application was also filed, which was granted. Subsequently, the petitioners moved an application under Order XXXIX, Rule 4 of the Code of Civil Procedure and the interim order granted to the plaintiff was vacated on 13.08.2012. The plaintiff to the said suit then preferred a miscellaneous appeal, which came to be allowed on 28.03.2014, whereby, the order dated 13.08.2012 was set-aside and parties were directed to maintain status quo. 4. The counsel for the petitioners also contends that subsequent developments have taken place after the filing of these proceedings before this Court, and as such, the entire case has lost its efficacy. It also appears from the record that when the petition was filed, this Court had passed an interim order staying the operation and effect of the order dated 28.03.2014. 5. Without going into the merits of the case, the petition is disposed of holding that the interim order dated 28.03.2014, shall remain in Versus Counsel for Petitioner(s) : Madhur Kant Srivastava Counsel for Respondent(s) : Manish Kumar, Abdul Samad, S.A. Khan, Virendra Prasad Smt. Sushma Singh And Another .....Petitioner(s) Addl. District Judge Court No. 5 Raebareli And Others .....Respondent(s) operation till the suit is finally decided. The parties are at liberty to approach the trial court for a decision that the suit has become infructuous. In case such an application is filed, the same shall be disposed of in accordance with law. September 8, 2025 Haseen U. WRIC No. 1003160 of 2014 2 (Pankaj Bhatia,J.) Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench