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Allahabad High Court · body

2025 DAILYLAW 184050 (ALL)

RAM BAHADUR AND ANOTHER v. DINESH KUMAR

/6754/2025 · 2025-11-19

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6754 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the petitioners and perused the record. 2. The present petition has been preferred under Article 227 of the Constitution of India with the prayer to issue an order or direction to the court of Civil Judge (Junior Division), Gonda, in Civil Suit/ Regular Suit No.2364 of 2024, to decide the application filed for grant of temporary injunction, expeditiously. 3. Learned counsel for the petitioners submits that the plaintiffs- petitioners filed a suit for perpetual injunction before the court below on 24.09.2024, wherein an application for temporary injunction has also been filed which is Paper No.7C-2. A prayer was made at the time of presentation of the application for temporary injunction on 24.09.2024 to issue an ad-interim injunction, as there are trees of the plaintiffs in disputed land but the court declined to issue an ad-interim order and issued notice to the defendant on the application for temporary injunction. Subsequently, a Report of the Commissioner was issued and the same was also filed on record. Even then, the application for temporary injunction is still pending, due to which the plaintiffs' interests are adversely affected. 4. Keeping in view the limited prayer made in the present petition, learned Civil Judge (Junior Division), Gonda, is directed to make every effort to hear and decide the application of temporary injunction 7C-2 as stated above, after giving opportunity of hearing to the parties, in accordance with law, preferably within a period of two months from the date of filing Versus Counsel for Petitioner(s) : Awadhesh Kumar Pandey Counsel for Respondent(s) : Ram Bahadur And Another .....Petitioner(s) Dinesh Kumar .....Respondent(s) of a certified copy of this order, provided that there is no legal impediment. 5. With the above direction, the present petition stands disposed of. November 19, 2025 Mohd. Sharif A227 No. 6754 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench