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Neutral Citation No. - 2025:AHC:145991 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4547 of 2022 Petitioner :- Sandeep Yadav Respondent :- Suman Devi And 10 Others Counsel for Petitioner :- Ashutosh Upadhyay Counsel for Respondent :- Dhananjay Singh,Satyendra Narayan Singh Hon'ble Manish Kumar Nigam,J.
1. Case called out in the revised list.
2. None appears on behalf of the petitioner to press this petition.
Learned counsel for the respondents is present.
3. This petition has been filed for the following relief:
"It is, therefore most respectfully prayed that this Hon'ble Court may be graciously be pleased direct the learned Civil Judge (S.D.), Azamgarh to decide the 6C application in Original Suit No.977 of 2022 (Sandeep Yadav Vs. Suman Devi and others) of the petitioner/plaintiff within stipulated period as directed by this Hon'ble Court. It is further prayed that this Hon'ble Court may graciously be pleased to direct the respondent No.1 and 2 not to make any construction over the land in question till pendency of 6C application before the court of learned Civil Judge (S.D.) Azamgarh, otherwise petitioner shall suffer irreparable loss and injury."
4. Contention of learned counsel for the respondents is that this writ petition may be allowed and a direction be issued to the trial court i.e. Civil Judge (S.D.), Azamgarh to consider and decide the application for temporary injunction Paper No.6C.
5. By the interim order granted by this Court dated 8.6.2022, the trial court was permitted to decide the application for interim injunction itself pending in this petition. It has been informed by
learned counsel for the respondents that till now the interim injunction application has not been decided.
6. No useful purpose would be served in keeping this petition pending.
7. Accordingly, the present petition stands disposed of finally with
a direction to the Civil Judge (S.D.) Azamgarh to consider and decide the interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of eight weeks from the date of production of a certified copy of this
order after ensuring service upon all the concerned parties as well as giving opportunity of hearing to the parties concerned provided that there is no other legal impediment.
8. Interim protection granted by this Court will continue till disposal of the application.
9. However, it is provided that the petitioner will cooperate in early disposal of the application and will not seek any adjournment and in case, the adjournments are sought by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated.
10. It is made clear that this Court has not examined the matter on merits. The interim injunction application shall be decided strictly, in accordance with law, without being influenced by any of the orders passed by this Court.
Order Date :- 23.8.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad