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2025 DAILYLAW 21476 (ALL)

SHIVNAND SINGH AND 2 OTHERS v. AADESH KUMAR AND 4 OTHERS

A227/1826/2025 · 2025-02-23

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:25832 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 1826 of 2025 Petitioner :- Shivnand Singh And 2 Others Respondent :- Aadesh Kumar And 4 Others Counsel for Petitioner :- Ajai Singh Kushwaha Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:- "(i) issue an appropriate order or direction directing the Civil Judge (Junior Division), Mainpuri to decide the 6C 2 Temporary Injunction Application Under Order 39 Rule 1 & 2 C.P.C. dated 03.01.2023 as well as Original Suit No. 14 of 2023 (Shivnand Singh & Others Vs Aadesh Kumar & Others), expeditiously within stipulated time, pending in the Court of Civil Judge (Junior Division), Mainpuri Contained Annexure No.1) & (Contained Annexure No.2). (ii) issue an appropriate order or direction directing the Civil Judge (J.D.) Mainpuri to direct the parties to maintain status-quo on the land in dispute till the disposal of Original Suit No. 14 of 2023 (Shivnand Singh & Others Vs Aadesh Kumar & Others)." At the very outset, learned counsel for the petitioners submits that 6-C2 application has already been decided by the trial Court and the prayer has wrongly been made in the writ petition. However, he contends that temporary injunction order is not being obeyed by the contesting defendants. As the Order 39 Rule 2A CPC strictly provides the remedy in case of non-compliance of temporary injunction order, the writ petition filed by the petitioners is not maintainable and the same stands dismissed, leaving it open the petitioners to approach the Court concerned by moving necessary application for redressal of their grievance. Order Date :- 24.2.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad