SHRI YOGESHWAR RISHIKUL BAL VED VIDYAPEETH THRU. SECY. MR. SUBROTO MAJUMDAR v. LEARNED CIVIL JUDGE, SENIOR DIVISION, MALIHABAD, LKO. AND 6 OTHERS
A227/2872/2025 · 2025-05-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 140296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 140296 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:28475 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2872 of 2025 Petitioner :- Shri Yogeshwar Rishikul Bal Ved Vidyapeeth Thru. Secy. Mr. Subroto Majumdar Respondent :- Learned Civil Judge, Senior Division, Malihabad, Lko. And 6 Others Counsel for Petitioner :- Anshuman Singh,Ashok Kumar Singh,Geetika Yadav,Nishchay Anand Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard Sri Prashant Chandra, learned Senior Advocate assisted by Sri Anshuman Singh and Ms. Geetika Yadav, learned counsel for the petitioner, learned Standing Counsel for the State respondent and perused the material brought on record.
2. The present petition has been filed by the petitioner with the following prayer:
"a. Issue appropriate directions to the learned Civil Judge (Senior Division), Malihabad, Lucknow to consider and dispose of the application under
Order XXXIX Rule 1 and 2 read with Section 151 CPC within such time as may be stipulated by this Hon'ble Court and pending consideration the said application, the implementation and operation of the order dated 04.03.2025 passed by the Respondent No. 2 contained in Annexure No. 1 be stayed. b. Issue appropriate orders not to give effect to the order dated 04.03.2025 and not to interfere in the peaceful possession and enjoyment of the suit property by the petitioner and/or demolish any part of the construction/building existing over the suit property during the pendency of the aforesaid petition."
3. The contention of the counsel for the petitioner is that despite there being an order passed by this Court on 27.09.2022 in Writ C No. 522 of 2022 and
affirmed vide judgment dated 19.12.2024 passed in Special Appeal, the matter is to be decided based upon the said facts, however no order was passed in the injunction application and on the other hand the respondents are threatening to take coercive action against the petitioner.
4. The order sheet of the Civil Judge (Senior Division) reveals that the matter is fixed for disposal of the injunction application on 16.05.2025 i.e. tomorrow. In view thereof, the present petition is disposed of directing the Civil Judge (Senior Division) to pass orders on the injunction application positively by tomorrow or latest within the period of one week from tomorrow in accordance with law.
Order Date :- 15.5.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench