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2025 DAILYLAW 171139 (ALL)

SMT. AAMIR JAHAN v. MOHAMMAD ABDULLA AND 2 OTHERS

A227/12882/2025 · 2025-10-28

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12882 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed for following relief: " 1.Issue a order or direction under extra ordinary supervisory jurisdiction of this Hon'ble Court, Under Article 227 of the Constitution of India, directing to the learned Civil Judge Junior Division, Hawali, Meerut to decide the 6C application arising out of original suit no. 299/2024 (Smt. Aamir Jahan & others) within stipulated time as fixed by this Hon'be Court, without granting any further adjournment to either of the further adjournment to either of the parties. II. Issue a direct or direction to the respondents-defendants restraining them not to interfere in the peaceful possession of the petitioner and his share over the disputed land in question over the house no. 439, Khasra No. 513 area 0.81130 hectare, Khasra No. 582 area 1.0870 hectare, in which half share of plaintiff in total area 1.9300 hectare, situated in Village Kamlapur, Pargana & Tehsil & District- Meerut." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 of C.P.C. (6C Application) is pending since 2024 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this Versus Counsel for Petitioner(s) : D.M.Tripathi, Rahul Tiwari Counsel for Respondent(s) : Smt. Aamir Jahan .....Petitioner(s) Mohammad Abdulla And 2 Others .....Respondent(s) petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge Junior Division, Hawali, Meerut to consider and decide the aforementioned interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. October 29, 2025 Nitika Sri. A227 No. 12882 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad