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2025 DAILYLAW 47142 (ALL)

ATARU v. NISAR AHMAD AND 2 OTHERS

A227/4088/2025 · 2025-04-23

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:62234 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4088 of 2025 Petitioner :- Ataru Respondent :- Nisar Ahmad And 2 Others Counsel for Petitioner :- Rajesh Kumar Chitragupt Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. This is a defendant's petition. This writ petition has been filed with the following prayer:- "a) Direct the Additional Civil Judge (J.D.), Court No. 1 Bansi, Siddharth Nagar to decide temporary injunction application 7-C filed by the plaintiff/respondent in Suit No. 406 of 2004 (Nisar Ahmad Vs. Ataru and others) within time bound period, which may be fixed by this Hon'ble Court, in accordance with law." It is contended by learned counsel for the petitioner that the plaintiff-respondent no.1 had instituted an Original Suit No.406 of 2004 in which an application for grant of temporary injunction was moved, wherein ad interim injunction was granted by the trial Court, against which, defendant-petitioner had preferred his objections in the year 2006, which are pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the temporary injunction application filed in the year 2004 along with his objections filed in the year 2006. 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 respondents, with a direction upon Additional Civil Judge (J.D.), Court No.1 Bansi, Siddharth Nagar to decide temporary injunction application 7-C filed in Original Suit No.406 of 2024, in accordance with law, after hearing all the affected parties, preferably within a period of two months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 24.4.2025 // SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad