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2025 DAILYLAW 15062 (ALL)

JALALUDDIN v. KANPUR DEVELOPMENT AUTHORITY THRU ITS VICE CHAIRMAN AND ANR.

A227/3937/2017 · 2025-10-09

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3937 of 2017 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Supplementary affidavit filed by counsel for the petitioner today, is taken on record. 2. This petition has been filed challenging the orders passed by the courts below on application filed by the petitioner for interim injunction which has been rejected by the trial court and the appeal filed against the said order was also rejected. 3. While entertaining this petition, the Court directed the parties to maintain status quo on 28.08.2017. The said order is operating till now. 4. Perused the supplementary affidavit filed by the petitioner, from which it is clear that issues have been framed in the suit on 23.09.2019. Since interim order is continuing for about nine years, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to Civil Judge (Junior Division) Kanpur Nagar to decide the Original Suit No. 2115 of 2016 (Jalaluddin Vs. K.D.A.), in accordance with law, expeditiously, preferably, within a period of one year from the date of production of a certified copy of this order, after hearing all the concerned parties and giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. Versus Counsel for Petitioner(s) : Shyam Singh Sengar Counsel for Respondent(s) : Ajeet Kumar Singh, Archit Mandhyan, Pradeep Kumar Tripathi, Pranab Kumar Ganguli, Sandeep Kumar Srivastava Jalaluddin .....Petitioner(s) Kanpur Development Authority Thru Its Vice Chairman And Anr. .....Respondent(s) 6. Till the disposal of the suit, parties are directed to maintain status quo regarding Arazi No. 734-M measuring 2 bigha 10 biswa. 7. It is made clear that petitioner will not seek any undue adjournment in the matter to keep the proceedings pending and in case, the petitioner seeks unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. 8. This order has been passed in presence of Sri Rakesh Pande, learned Senior Advocate, assisted by Sri Archit Mandhyan, counsel appearing for respondent No. 2. October 10, 2025 Nitika Sri. A227 No. 3937 of 2017 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad