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2025 DAILYLAW 157819 (ALL)

GULAM MOHAMMAD v. WASEEM AND 3 OTHERS

A227/4866/2025 · 2025-08-14

Jaspreet Singh

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47754 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4866 of 2025 Petitioner :- Gulam Mohammad Respondent :- Waseem And 3 Others Counsel for Petitioner :- Anil Kumar Mishra,Arun Chand Pandey,Ram Bahadur Maurya Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. In view of the order proposed to be passed by this Court, notice to the respondents is dispensed with. By means of the instant petition, the petitioner seeks expeditious disposal of the objection dated 27.5.2022 against the application no. 4-C2 under Order 39 Rule 1 and 2 read-with Section 151 CPC for temporary injunction in the Original Suit No. 152 of 2022 pending before the learned Civil Judge, Junior Division, Musafirkhana, Sultanpur. It is submitted that though a large number of dates have been fixed, however, for the reasons beyond control, the aforesaid case has not yet been decided. Learned standing counsel submits that he has no objection in case an expedite order is passed. Considering the facts and circumstances, this Court is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the court concerned to decide the pending application as well as the objection most expeditiously, affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the case of the petitioner strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 14.8.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench