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2025 DAILYLAW 171460 (ALL)

ISHWAR CHAND AND ANOTHER v. SMT. DHARMAWATI DEVI

A227/13111/2025 · 2025-10-29

Original Suitbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 13111 of 2025 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioners and perused the record. 2. The instant writ petition has been filed for following relief: " (i) To be direct the Learned Court below to expedite disposal of 6C2 application filed Under Order 39 Rule 1 & 2 C.P.C. in Original Suit No. 51 of 2024 (Ishwar Chand and another Versus Smt. Dharmawati Devi) within stipulated fix period accordance with law. (ii) To be direct the parties shall maintain status-quo with regard to Araji No. 435/1.890 Hectare situated at Mauja Chiurahan Maupakad Ward No. 19, Nagar Palika Parishad Maharajganj, Tappa Kathara, Pargana Haveli, Tehsil Sadar, District Maharajganj." 3. Contention of the learned counsel for the petitioners is that an application for interim injunction under Order XXXIX Rule 1 & 2 of C.P.C. (6C-2 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 petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Pravar Khand), Maharajganj to consider and decide the aforementioned interim injunction application (6C-2 Application), in accordance with law, expeditiously, preferably within a period of twelve Versus Counsel for Petitioner(s) : Ajay Kumar Srivastava, Nawal Kishore Deo Counsel for Respondent(s) : Ishwar Chand And Another .....Petitioner(s) Smt. Dharmawati Devi .....Respondent(s) 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 30, 2025 Nitika Sri. A227 No. 13111 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad