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2025 DAILYLAW 148034 (ALL)

CH. FAIZ MAHMOOD v. STATE OF U.P. THRU. COLLECTOR DISTT, BARABANKI AND 3 OTHERS

A227/3880/2025 · 2025-06-24

Brij Raj Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36241 Court No. - 3 Case :- MATTERS UNDER ARTICLE 227 No. - 3880 of 2025 Petitioner :- Ch. Faiz Mahmood Respondent :- State Of U.P. Thru. Collector Distt, Barabanki And 3 Others Counsel for Petitioner :- Mohiuddin Khan,Mohd. Yasir,Mohd.Zaid Khan Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi Hon'ble Brij Raj Singh, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for State-opposite parties no.1 and 2 and Ms. Shubhangi Singh holding brief of Sri Raj Kumar Singh Suryavanshi, learned counsel for opposite parties no.3 and 4. 2. Learned counsel for the petitioner submits that petitioner filed Civil Suit No.842 of 2025 for a decree of declaration and permanent injunction along with an application under Order XXXIX Rule 1 and 2 Code of Civil Procedure. The petitioner has also filed an application under Section 80(2) of Code of Civil Procedure and the same has been allowed by the court below, but no interim injunction has been granted to the petitioner and also there is no date fixed on the application for interim injunction. He further submits that opposite parties no.3 and 4 are making construction over the suit property in question. 3. In view of the aforesaid, this writ petition is disposed of with a direction that both the parties will appear before the court below on 02.07.2025 and the court below is directed to take a decision on the application for interim injunction on 02.07.2025 itself. In case the interim injunction application is not decided on that date due to unavoidable circumstances, then the same will be decided in the first week of July, 2025. . (Brij Raj Singh, J.) Order Date :- 24.6.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench