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2025 DAILYLAW 55072 (ALL)

PRASHANT AND 3 OTHERS v. PAWAN KUMAR AND 4 OTHERS

A227/4703/2025 · 2025-05-07

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74606 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4703 of 2025 Petitioner :- Prashant And 3 Others Respondent :- Pawan Kumar And 4 Others Counsel for Petitioner :- Ananya Upadhyay,Rakesh Chandra Upadhyay Hon'ble Rohit Ranjan Agarwal,J. This writ petition has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to issue order directing the Ld. Civil Judge (Senior Division), Ghaziabad to decide the application 16Ga dated 20.02.2025 Under Order 39 Rule 3 r/w 151 CPC in Case No. 852 of 2024 (Pawan Kumar Vs Prashant && Others) within fixed time frame and further direct the parties to maintain status quo over the residential plot having 167.22 sq. meter area situated at Khasra No. 1227/1, Village Makanpura, Pargana Loni, Tehsil Dadri presently Tehsil & District Ghaziabad, otherwise Defendant/Petitioner shall suffer irreparable loss and injury." It is contended that in the suit instituted by the plaintiffs- respondents, an application for grant of temporary injunction was moved in which the defendants-petitioners had already filed their objections, which are pending consideration. The sole prayer made in the writ petition is for expeditious disposal of the temporary injunction application along with objections filed by the petitioner. 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 Civil Judge (Senior Division) Ghaziabad to decide the temporary injunction application filed in Case No.852 of 2024, in accordance with law, after hearing all affected parties, preferably within a period of three months from the date of production of certified copy of this order, considering the objections filed by the defendants- petitioners. 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 :- 8.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad