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2025 DAILYLAW 33545 (ALL)

RAJARAM v. SMT. SHASHIPRABHA KUSHWAHA AND 2 OTHERS

A227/2922/2025 · 2025-04-08

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:51527 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2922 of 2025 Petitioner :- Rajaram Respondent :- Smt. Shashiprabha Kushwaha And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey,Nasiruddin Warsi Hon'ble Rohit Ranjan Agarwal,J. 1. This is plaintiff's petition. This writ petition has been filed with the following prayer; "(i) Call for the record and set aside the impugned order dated 22.11.2021 (Annexure no.3) passed by learned Civil Judge (J.D.) Kasia, Kushinagar in original suit no. 1905 of 2021 (Rajaram Vs. Shashiprabha and others). (ii) To direct the learned trial court i.e. Ist Additional Civil Judge (J.D.) Kasia, Kushinagar to decide the case bearing application 6C under order 39 Rule 1 & 2 of C.P.C. arising out of original suit no. 19065 of 2021 (Rajaram Vs. Shashiprabha and others) pending in the court of Ist Additional Civil Judge (J.D.) Kasia, Kushinagar since 22.11.2021, expeditiously preferably within stipulated period." 2. In a suit instituted by plaintiff an application for grant of temporary injunction 6C was moved which is pending consideration and only notices have been issued on 22.11.2021 and till date same has not been decided by the court concerned. Petitioner's counsel submits that during pendency of suit the defendant has transferred the property in dispute. 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 respondent, with a direction upon Ist Additional Civil Judge (Junior Division) Kasia, Kushinagar to decide the temporary injunction application (6-C) filed in Original Suit No. 1905 of 2021, 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 directions, writ petition stands disposed of. 5. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 9.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad