Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26175
Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1541 of 2025 Petitioner :- Hansraj Respondent :- Dhannu @ Dhanju And 2 Others Counsel for Petitioner :- Ashok Kumar Mishra Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:-
"i. issue a order or direction to direct the respondents/defendants neither dispossess the petitioner from the disputed land of Arazi No.138 measuring Area 0.368 hect. nor sell the land in question situated in Village-Dugauli, Pargana & Tehsil-Kerakat, District- Jaunpur, during the pendency of Original Suit No.301 of 2022, Computerized Case No. UPAP06001035 of 2022 (Hanshraj Vs. Dhannu and Others), Under Section-31 of Specific Relief Act, 1963 before the Court of learned Civil Judge (Junior Division). Shahganj, Jaunpur. ii) ii. issue a order or direction to direct the learned Civil Judge (Junior Division) Shahganj, Jaunpur to decide Original Suit No.301 of 2022, Computerized Case No. UPAP06001035 of 2022 (Hanshraj Vs. bhannu and others), Under Section-31 of Specific Relief Act, 1963, within stipulated time frame fixed by this Hon'ble Court Court. (Annexure No.1 to the" The prayers made in the writ petition cannot be granted in view of judgement of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, when the Court was going to dismiss the petition, learned counsel for petitioner states that application for grant of temporary injunction is pending consideration before the Court below. As no useful purpose would be served in keeping the matter pending or calling for counter affidavit or issuing notice to private respondents, the writ petition stands disposed of. This Court directs that in case, the application for grant of temporary injunction is pending consideration before the Court below and the same has not been decided till date, the trial Court shall make every endeavour to decide the same in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this
order. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 24.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad