GOPAL PRASAD KAPOOR v. SMT ANNAPORNA BAGCHI AND 11 OTHERS
A227/1451/2025 · 2025-02-13
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 16846 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16846 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:20846 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1451 of 2025 Petitioner :- Gopal Prasad Kapoor Respondent :- Smt Annaporna Bagchi And 11 Others Counsel for Petitioner :- Ashutosh Ganguli,Pranab Kumar Ganguli Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer :
"Issue an order or direction commanding the Civil Judge (S.D.) Varanasi to decide the Application No. 36C (Under Order 1 Rule 10 CPC) and Application No. 6C (Injunction Application) in Original Suit No. 345 of 2019 (Rathindra Narayan Bagchi vs. Ashish Kumar Bagchi) expeditiously preferably within a fixed time frame." It is contended that an application filed for grant of temporary injunction (6-C) as well as application (36C) under Order 1 Rule 10 C.P.C. are pending consideration. The sole prayer made in the writ petition is for early disposal of both the applications. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Senior Division), Varanasi to decide the temporary injunction application (6-C) and also application (36C) under Order 1 Rule 10 C.P.C. filed in Suit No. 345 of 2019 (Rathindra Narayan Bagchi vs. Ashish Kumar Bagchi), in accordance with law, after hearing all affected parties, preferably within a period of two and three months respectively, from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 13.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad