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Neutral Citation No. - 2025:AHC:62163 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4063 of 2025 Petitioner :- Vikal Nagar Respondent :- Nagar Nigam Ghaziabad Counsel for Petitioner :- Ashish Kumar Pandey Counsel for Respondent :- Raghuvansh Misra Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the petitioner and Sri Raghuvanash Misra, learned counsel for the sole-respondent. This writ petition has been filed with the following prayers:-
"1. Issue an order or direction to set aside/quash the judgment dated 05.03.2025 passed by District Judge District-Ghaziabad in Civil Transfer Application no 80 of 2025 which has filed in original suit no. 437 of 2024 and also directed to the learned court to decide the 6 c application of the petitioner in original suit no. 437 of 2024 (Vikal Nagar versus Nagar Nigam Ghaziabad).
2. Issue a direction in the nature of mandamus to direct the respondents to maintain the status quo upon the disputed property during the pendency of the original suit no. 437 of 2024 (Vikal Nagar versus Nagar Nigam Ghaziabad) which was filed by the petitioner within stipulated time in the interest of justice. Otherwise the petitioner shall suffer irreparable loss and injury." It is contended that in the suit instituted by the plaintiff-petitioner, an application for grant of temporary injunction '6-C' was moved, which is pending consideration. Despite, the Amin report having been filed, 6-C application was not decided which led to filing of Transfer Application No.80 of 2025. The said application has been dismissed by the order impugned dated 05.03.2025, and cost of Rs.5000/- has been imposed.
Learned counsel for the petitioner submits that the ground of transfer application was the non-cognizance on the application filed for grant of temporary injunction '6-C'. He, however, fairly contends that a direction may be issued for deciding the 6-C application expeditiously. 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, with a direction upon
trial Court to proceed with 6-C application and make every endeavour to decide the same strictly 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. The cost imposed while rejecting the transfer application on 05.03.2025 stands deleted. With the aforesaid direction, present writ petition stands disposed of.
Order Date :- 24.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad