RADHEY LAL GUPTA v. SHYAM SUNDER GUPTA ALIAS GANESH PRASAD GUPTA AND 7 OTHERS
A227/4315/2025 · 2025-04-29
Rohit Ranjan Agarwal
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 49686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49686 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67914 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4315 of 2025 Petitioner :- Radhey Lal Gupta Respondent :- Shyam Sunder Gupta Alias Ganesh Prasad Gupta And 7 Others Counsel for Petitioner :- Ankur Sharma,Nidhi A. Sharma Hon'ble Rohit Ranjan Agarwal,J.
1. This writ petition has been filed with the following prayer;
"A. Issue a order or direction, directing the learned Civil Judge (S.D.), Mahoba to pass appropriate order upon the interim injunction application 6-C2 and Application 31 C-2 moved by the petitioner under Order XXXIX Rule 1 of C.P.C. in Original Suit No. 157 of 2024 (Radhey Lal Gupta Versus Shyam Sunder Gupta Alias Ganesh Prasad Gupta and others) pending before the Court of learned Civil Judge (S.D.), Mahoba for permanent prohibitory injunction, expeditiously within stipulated period as fixed by this Hon'ble Court and may further be pleased to direct both the parties to maintain status-quo over the property in question, till the final disposal of the interim injunction application."
2. It is contended that in the suit instituted by plaintiff petitioner an application for grant of temporary injunction 6-C2 has been moved alongwith an application 31 C-2, which is pending
consideration. The sole prayer made in writ petition for expeditious disposal of the same.
3. 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 Civil Judge (Senior Division), Mahoba to decide the temporary injunction application (6-C2) alongwith application 31 C-2 filed in Suit No. 157 of 2024, 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.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
Order Date :- 30.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad