Neutral Citation No. - 2025:AHC:40442 Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 323 of 2025 Appellant :- Windsor Park Residents Welfare Association And 2 Others Respondent :- M/S N.R.A. Estates Private Limited Counsel for Appellant :- Vidya Prakash Singh Counsel for Respondent :- Kashif Zaidi Hon'ble Neeraj Tiwari,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the appellants and Sri Shashi Nandan, learned senior counsel along with Sri Kashif Zaidi, learned counsel for the respondent. 3. Learned counsel for the appellants submitted that opposite party has filed Original Suit No. 75 of 2025 along with 6C application in which notice has already been issued. During pendency of 6C application, another application under Section 151 CPC has been filed with the same prayer, which has been allowed without granting time to file objection. He next submitted that once, notice has been issued on 6C application, it is required on the part of learned Judge to decide the same instead of entertaining the application filed under Section 151 CPC for the same cause of action and further decide the same without granting time to file objection. Therefore, order impugned is bad and liable to the quashed. 4 Per contra, learned counsel for the respondent submitted that appellants have not filed any objection upon 6C application and further long date was fixed in 6C application, therefore, for immediate relief, application under Section 151 CPC has been filed and Court has rightly decided the same. 5. Being confronted by the Court, learned counsel for the respondent could not dispute the fact that no time was granted to file objection on application filed under Section 151 CPC. Further, he also could not justify as to how once 6C application for the same relief is pending, application filed under Section 151 CPC has been decided without granting time to file objection. 6. Under such facts of the case, impugned order dated 22.1.2025 is hereby quashed and appeal is allowed. However, this order shall not affect the disposal of 6C application in accordance with rules. Order Date :- 20.3.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad