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2025 DAILYLAW 130056 (ALL)

SHAKUNTALA DEVI v. CIVIL JUDGE (JUNIOR DIVISION) BISWAN SITAPUR AND 2 OTHERS

A227/1626/2025 · 2025-03-25

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16927 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1626 of 2025 Petitioner :- Shakuntala Devi Respondent :- Civil Judge (Junior Division) Biswan Sitapur And 2 Others Counsel for Petitioner :- Mahendra Pratap Singh,Ranjit Singh Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed with the following relief: "i. to issue an order or direction to the opposite party No. I to consider and decide application filed by the petitioner under Order 39 Rule 1 of the Code of Civil Procedure filed by the petitioner in Civil Suit No. 69/2025, Shakuntala Devi Versus Brajesh Kumar and another pending in the court of learned Civil Judge (Junior Division), Biswan, Sitapur at the earliest /within time prescribed by this Hon'ble Court. " 3. Considering the fact that it is alleged that despite filing of the injunction, the respondents are trying to change the nature of the property and creating third party rights, the present petition is disposed of directing the trial court to decide the injunction application filed by the petitioner in Civil Suit No.69 of 2025 within a period of four weeks from today. 4. Till the decision on the injunction application, the parties shall maintain status quo with regard to the possession and title over the property in question. 5. It is made clear that any observations made herein will not come in the way of the trial court deciding the injunction application on its merits and in accordance with law. Order Date :- 25.3.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench