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2025 DAILYLAW 31477 (ALL)

JAYSHANKAR RAMAKANT TIWARI AND ANOTHER v. SMT KIRTI TIWARI

A227/2664/2025 · 2025-03-19

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:40348 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2664 of 2025 Petitioner :- Jayshankar Ramakant Tiwari And Another Respondent :- Smt Kirti Tiwari Counsel for Petitioner :- Deepak Kumar Pandey,Mukesh Kumar Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers:- "i. Issue an Order, directing the court of Learned Civil Judge (Senior Division), District Fatehpur to decide the Injunction Application numbered as (Paper No.6C) dated 10.05.2018 in Original Suit No. 130 of 2018 [Jayshankar Ramakant Tiwari & Another Vs. Smt. Kirti Tiwari] within a stipulated period of time as prescribed by this Hon'ble Court; ii. Issue an Order, directing/restraining the Respondent/Defendant not to alienate or transfer/sale the property in question bearing Gata No. 354/0.6311 hectare through agreement of sale dated 10.01.2025 and further the Respondent/Defendant may be directed to maintain the status quo till the decision taken by the court below in the Injunction Application;" 2. The second prayer made in the writ petition cannot be granted in view of the fact that application for grant of temporary injunction 6C is pending consideration before the trial court. The first prayer made in the writ petition is for expeditious disposal of the 6-C application. 3. In view of said fact, trial court is directed to expedite the matter and decide the 6C application pending in Original Suit No. 130 of 2018, in accordance with law, after hearing all affected parties, preferably within a period of one month from the date of production of certified copy of this order. 4. With the aforesaid directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 20.3.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad