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2025 DAILYLAW 19315 (ALL)

KALINDI DEVI AND 2 OTHERS v. JAGATGURU RAMBHADRACHARYA HANDICAPPED UNIVERSITY AND ANOTHER

A227/1847/2025 · 2025-02-23

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26065 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1847 of 2025 Petitioner :- Kalindi Devi And 2 Others Respondent :- Jagatguru Rambhadracharya Handicapped University And Another Counsel for Petitioner :- Kandarp Dwivedi,Rajesh Kumar Dubey Counsel for Respondent :- Rajesh Kumar Dubey Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "I. Exercise of the power Under Article 227 of Constitution of India, direct the court of learned Civil Judge (J.D.), Chitrakoot to decide the application under Order 39 Rule 2(a) of the Civil Procedure Code, 1908 registered as a Civil Misc. Case No. 4/70 of 2025 (Kalindi Devi and others Vs. Jagatguru and others), within stipulated period or within time as fixed by this Hon'ble Court." It is contended that in a suit filed by the plaintiff-petitions, temporary injunction was granted which is being violated by the respondents. An application under Order 39 Rule 2A CPC has been filed which is pending consideration. The sole prayer made in the writ petition is for early disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (J.D.), Chitrakoot to decide the application filed under Order 39 Rule 2A CPC, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 24.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad