SMT. KALAWATI v. H.K.S. DEVELOPERS PVT. LTD. AND 9 OTHERS
A227/4248/2025 · 2025-04-28
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48889 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48889 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66289 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4248 of 2025 Petitioner :- Smt. Kalawati Respondent :- H.K.S. Developers Pvt. Ltd. And 9 Others Counsel for Petitioner :- Poorva Agarwal,Punit Kumar Gupta Hon'ble Rohit Ranjan Agarwal,J. This is a defendant's petition. This writ petition has been filed with the following prayer:-
"(i) To issue an appropriate direction to the Additional Civil Judge (S.D.), Court No.4, Bareilly to decide the Stay Vacation Application and application under Order VII, Rule 11 C.P.C. filed by the petitioner on 20.03.2021 in Original Suit No. 83/2019 (H.K.S. Developers Pvt. Ltd. Vs. Rakesh Kumar & others) as directed by this Hon'ble Court in matter Under Article 227 No. 2354 of 2021 (Smt. Kalawati Vs. H.K.S. Developers Pvt. Ltd. and 9 others), vide judgment and order dated 28.06.2021/08.10.2021, within stipulated period as may be fixed by this Hon'ble Court." It is contended by learned counsel for the petitioner that in the suit instituted by plaintiff-respondent, an application for grant of temporary injunction was moved in which ad interim injunction has been granted by the trial Court, against which, objections have been preferred by the petitioner, which are pending consideration. Petitioner has also moved an application under Order VII Rule 11 CPC for rejection of claim. Both the application are pending
consideration. The prayer made in the writ petition is for expeditious disposal of both the applications. 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 (S.D.), Court No.4, Bareilly to decide the stay application considering the objections filed by the petitioner, 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. Thereafter, the Court below shall proceed to decide the application filed under Order VII Rule 11 CPC, within next three months.
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 :- 29.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad