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2025 DAILYLAW 190798 (ALL)

VIRENDRA KUMAR v. STATE OF U.P. AND 2 OTHERS

A227/12671/2025 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12671 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: " I. Issue a order or direction in the nature of directing the respondents no.2 / Civil Judge (Junior Division), Kanpur Dehat to decide the temporary injunction application filed in case no.364 of 2023 (Virendra Kumar Vs. Hardayal and another) under Order 39 Rule 1 and 2 read with Section 151 C.P.C. (6 C-2 application) pending in the Court of Civil Judge (Junior Division), Kanpur Dehat within some stipulated period as may be fixed by this Hon'ble Court. II. Issue a order or direction in the nature of directing the respondent no.2 and 3 not to interfere in peaceful possession of the petitioner over the arazi no. 552 M. area 0.1840 hectare part 0.06133 hectare situated in village- Kamsan, Tehsil-Bilhaur, District Kanpur Nagar." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 and 2 of C.P.C. (6C -2 Application) is pending since 2023 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 Versus Counsel for Petitioner(s) : Deepak Kumar Dubey, Yadavendra Dwivedi Counsel for Respondent(s) : C.S.C. Virendra Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) direction to the Civil Judge (Junior Division), Kanpur Dehat to consider and decide the aforementioned interim injunction application (6C-2 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 17, 2025 Nitika Sri. A227 No. 12671 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad