SMT. SUSHILA DEVI AND ANOTHER v. SURENDRA AND 2 OTHERS
A227/2606/2025 · 2025-03-18
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30197 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30197 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39680 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2606 of 2025 Petitioner :- Smt. Sushila Devi And Another Respondent :- Surendra And 2 Others Counsel for Petitioner :- Ashok Kumar Nigam,Satya Niwas Prasad Hon'ble Rohit Ranjan Agarwal,J. This is a defendants' petition. This writ petition has been filed with the following prayers:-
"(1) Set-aside the impugned order dated order dated 17-01-2024 passed in Civil Suit No.151 of 2024(Surendra and 2 Others Vs. Smt. Sushila Devi and Another) passed by Civil Judge (J.D.) Hawali, Varanasi. (Annexure No. 1 to this Misc. Petition) (11) Directing to the respondents not to interfere in peaceful possession of defendants/ petitioners upon the plot No. 126 alongwith area of Plot No. 127 which has been given to the petitioners during the demarcation proceedings situated at Village -Dhangharia, Varanasi as per order dated 04/12/2023 passed by Sub Divisional Magistrate(Judicial) Raja Talab, Varanasi. (III) Directing to the court below to decide the 6-C Temporary Injunction Application within the time fixed by this Hon'ble Court." It is contended by learned counsel for the petitioner that in the application filed for grant of temporary injunction, ad-interim injunction was granted on 17.01.2024, against which, objection has been filed which is pending consideration before the trial Court. As the third prayer made in the writ petition is for the expeditious disposal of the temporary injunction application, no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondents. In view of above, the matter is being disposed of, at the admission stage, with a direction upon Court below to decide the 6-C application filed in Civil Suit No.151 of 2024, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of two months from the date of production of certified copy of this order, considering the
objections of the defendants. 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 :- 19.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad