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2025 DAILYLAW 23632 (ALL)

SHIVDHAR AND ANOTHER v. SMT. MANJU SINGH @ MANJU LATA AND 2 OTHERS

A227/2030/2025 · 2025-02-27

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28456 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2030 of 2025 Petitioner :- Shivdhar And Another Respondent :- Smt. Manju Singh @ Manju Lata And 2 Others Counsel for Petitioner :- Shashi Kant Rai Hon'ble Rohit Ranjan Agarwal,J. This is plaintiffs' petition. This writ petition has been filed with the following prayer: "Issue an order or direction commanding the Civil Judge, (Junior Division), Sant Kabir to decide the Application dated 21.11.2023 under order 39 Rule 1 and 2 of C.P.C., within a stipulated period without providing unnecessary adjournment to either of the parties." It is contended by learned counsel for the petitioner that an application for grant of temporary injunction under Order XXXIX, Rules 1 and 2 C.P.C. was filed on 21.11.2023, which is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said application. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Junior Division), Sant Kabir Nagar to decide the temporary injunction application dated 21.11.2023 under Order XXXIX, Rules 1 and 2 C.P.C., in accordance with law, after hearing all affected parties, preferably within a period of two 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 :- 28.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad