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2025 DAILYLAW 158921 (ALL)

RAM PRAKASH GUPTA v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. LKO. AND 4 OTHERS

A227/4955/2025 · 2025-08-22

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49269 Court No. - 17 Case :- MATTERS UNDER ARTICLE 227 No. - 4955 of 2025 Petitioner :- Ram Prakash Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. Lko. And 4 Others Counsel for Petitioner :- Ashok Kumar Singh,Ashish Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Manish Kumar,J. 1. The present writ petition under Article 227 of the Constitution of India has been preferred with the following main prayer:- " issue an order or direction in the appropriate nature commanding the concerned Court (i.e. Civil Judge (Senior Division), Ambedkar Nagar) to decide the application for interim injunction (numbered as 7-Ga²), filed alongwith the Suit for cancellation of Gift Deed dated 14.10.2022; vide Regular Suit No.10 of 2023; Ram Prakash Versus Ram Jagat and others, under order 7 Rule 1 of C.P.C., pending before it, expeditiously" 2. Learned counsel for the petitioner has submitted that the petitioner filed a suit for cancellation of gift deed dated 04.10.2022, before the Civil Judge (J.D), Ambedkar Nagar on 04.01.2023, alongwith an application for interim injunction, but till date, the same has not been decided and from about one year i.e. from 22.07.2024, the court concerned is simply passing orders dated 17.09.2024, 14.11.2024, 16.01.2025, 07.03.2025, 14.05.2025, 30.05.2025, 22.05.2025, and granting time to the respondents/defendants in the suit for filing written statement, due to which the petitioner is being deprived from getting justice. 3. After hearing learned counsel for the petitioner and going through the records of the case, it is found that since 22.07.2024, eight dates have been fixed, as mentioned above, granting time for filing written statement, instead of closing the opportunity for filing the written statement and adjudicating the interim injunction application of the petitioner/plaintiff. 4. In view of the facts, circumstances and discussion made hereinabove and without entering into the merits of the case, the present writ petition is disposed of. The court concerned is directed to decide the interim injunction application expeditiously, in accordance with law, if there is no other legal impediment, say within a period of four months, from the date certified copy of this order is served, after hearing learned counsel for the parties, without granting any unnecessary adjourmment to either of the parties and if any adjournment is unavoidable, only short dates may be fixed. Order Date :- 22.8.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench