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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34581 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Sri Satya Prakash Mishra, learned counsel for the petitioner and Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel for the State respondents.
2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for the following relief:-
"i. a writ, order or direction, in the nature of mandamus commanding and directing respondent no. 2 and 3 to restrain the private respondents for sale the property of Gata No. 132 measuring area 0.481 hectare situated in village Nevada Shekha, District Bareilly till disposal of application filed under Order XXXIX Rule 1 & 2 C.P.C. in Suit No. 609 of 2025 (Mohd. Aslam vs. Tahir Ali and others.)"
3. Learned counsel for the petitioner submits that defendants in the suit have already put in appearance and filed their objection.
4. Learned Additional Chief Standing Counsel has no objection in the event petitioner’s temporary injunction application is directed to be disposed of by the court concerned in accordance with law.
5. In view of the above, we dispose of this petition, with a direction to the trial court concerned to dispose of Order 39 Rule 1 & 2 CPC application in a pending suit being Suit No. 609 of 2025 as expeditiously as possible, positively within a period of four weeks from the date of production of certified copy of this order. Versus Counsel for Petitioner(s) : Satya Prakash Mishra Counsel for Respondent(s) : C.S.C. Mohd. Aslam .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s)
6. Until such disposal the parties to the suit are restrained from creating any third party right in respect of the suit property. However, this interim protection granted shall abide by the final outcome of the injunction application/Order 7 Rule 11 application. October 13, 2025 Kirti WRIC No. 34581 of 2025 2 (Swarupama Chaturvedi,J.) (Ajit Kumar,J.)
Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad