SACHIN KUMAR SHARMA AND ANOTHER v. GURIKIRAT SINGH AND ANOTHER
A227/3520/2025 · 2025-04-09
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 37253 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37253 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52721 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3520 of 2025 Petitioner :- Sachin Kumar Sharma And Another Respondent :- Gurikirat Singh And Another Counsel for Petitioner :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayers:-
"i) To issue suitable order of direction to call for the records and set-aside the
Judgment and order dated 20.02.2025 passed by Additional District & Session Judge Bareilly in original suit no. 1056 of 2024 (Sachin Sharma and others Versus Guru Kirat Singh Chabra and others). ii) To issue suitable order or direction directed the Additional District & Session Judge, Bareilly to decide the application under order 39 Rule 7 C.P.C. which is still pending for consideration." The first prayer made in the writ petition cannot be granted, as the application for grant of temporary injunction has already been decided, which is under challenge in the present writ petition. The order under challenge is appealable under Order 43 Rule 1 (r) CPC. Thus, no writ petition under Article 227 of the Constitution of India lies. However, as far as the second prayer made in the writ petition through which a direction has been sought upon the Court below to decide the application filed under Order 39 Rule 7 CPC is concerned, the Court below is hereby directed to make every endeavour to decide the said application, strictly in accordance with law expeditiously preferably within a period of four weeks from the date of production of certified copy of this order. With the aforesaid observations, writ petition stands disposed of.
Order Date :- 10.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad