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2025 DAILYLAW 40795 (ALL)

SMT. UMA DEVI AND ANOTHER v. SHRI HARI OM SINGH AND 7 OTHERS

A227/3795/2025 · 2025-04-16

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56346 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3795 of 2025 Petitioner :- Smt. Uma Devi And Another Respondent :- Shri Hari Om Singh And 7 Others Counsel for Petitioner :- Akanksha Gaur Counsel for Respondent :- Sonu Kumar Tiwari Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer; "I. Set-aside impugned order dated 28.02.2025 passed by District Judge, Aligarh in Civil Misc. Appeal No. 11 of 2025 (Smt. Uma Devi and another Vs. Hari Om and others) filed Under Order 43 Rule 1(r) C.P.C." 2. It is contended that the suit instituted by plaintiff petitioners an application for grant of temporary injunction was moved, which was rejected by the trial court. Against the said order a Civil Misc. Appeal No. 11 of 2025 was filed under Order XLIII Rule 1 (r). In the said appeal an application for grant of stay has been moved which has been rejected by order impugned. 3. Learned counsel for respondents submits that the said appeal is pending consideration for hearing. 4. 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 the District Judge, Aligarh to decide the Civil Misc. Appeal No. 11 of 2025, 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. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 17.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad