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2025 DAILYLAW 189630 (ALL)

GOPAL JI VERMA v. ASHWANI KUMAR VERMA

A227/7524/2022 · 2025-10-14

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 7524 of 2022 Court No. - 5 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "set aside impugned order dated 27.08.2014 passed by the Additional Civil Judge (S.D.) Court No.1, Gorakhpur in O.S. No.951 of 2013 Aswani Kumar Vs. Gopal Ji and impugned order dated 25.07.2022 passed by the Additional District Judge/Special Judge (Prevention of Corruption Act) Court No.1, Gorakhpur in Misc. Civil Appeal No.861 of 2014 Gopal G Verma Vs. Ashwani Kumar (Contained in Annexure nos.11 and 13 to this petition respectively)." 3. In Original Suit No. 951/2013, plaintiff-respondent filed an application for temporary injunction which was allowed by order dated 27.8.2014 directing the parties to maintain status quo. Against an order dated 27.8.2014 passed by the Trial Court, miscellaneous appeal was filed by the defendants-petitioners which was dismissed on 25.7.2022. During pendency of the appeal, there was no interim order operating in favour of the defendants-petitioners before the Court below and the order of interim injunction is operating since 27.8.2014 in the suit directing the parties to maintain status quo. No interim order was granted by this Court while entertaining the petition. 4. After hearing learned counsel for the parties, I am of the view that it will be in the interest of that the suit itself shall be decided expeditiously. Versus Counsel for Petitioner(s) : Adya Prasad Tewari Counsel for Respondent(s) : Gaurav Kumar Yadav, Utkarsh Prasad Gopal Ji Verma .....Petitioner(s) Ashwani Kumar Verma .....Respondent(s) 5. Accordingly, the writ petition stands disposed of with a direction to the Additional Civil Judge (S.D.) Court No.1, Gorakhpur to decide the above-mentioned case, in accordance with law, expeditiously, preferably within one year from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties as well as giving a reasonable opportunity of leading evidence in respect of their case provided there is no other legal impediment. 6. Both the Counsel have assured that their clients will co-operate and participate in the hearing of the suit and will not take any undue adjournments to linger on the proceedings. 7. Till disposal of the aforesaid suit, parties are directed to maintain status quo. October 15, 2025 Rishabh A227 No. 7524 of 2022 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad