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2025 DAILYLAW 24775 (ALL)

HEMLATA AND ANOTHER v. NEERAJ TYAGI AND 4 OTHERS

A227/2118/2025 · 2025-03-03

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30338 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2118 of 2025 Petitioner :- Hemlata And Another Respondent :- Neeraj Tyagi And 4 Others Counsel for Petitioner :- Pranshu Gupta Hon'ble Rohit Ranjan Agarwal,J. 1. This is plaintiffs' petition. In the suit filed by plaintiff, an application under Order XXXIX, Rules 1 and 2 C.P.C. was moved for grant of temporary injunction, which was allowed by the trial Court. 2. According to petitioners' counsel, the defendants-respondents have violated the temporary injunction order, which led to filing of application under Order XXXIX, Rule 2-A C.P.C., which has been registered as Misc. Case No.131 of 2023 (Smt. Hemlata and Anr. vs. Neeraj Tyagi and Ors.). The said application is pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the said application. 3. 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 (Senior Division), Meerut to decide the application (paper No.3Ga 2)) under Order XXXIX, Rule 2-A C.P.C., registered as Misc. Case No.131 of 2023 (Smt. Hemlata and Anr. vs. Neeraj Tyagi and Ors.), 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. 4. With the aforesaid direction, present writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 4.3.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad