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2025 DAILYLAW 60038 (ALL)

MOHD IFTAKHAR ALI v. ISHARAT KHATOON AND 7 OTHERS

A227/5180/2025 · 2025-05-18

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83059 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5180 of 2025 Petitioner :- Mohd Iftakhar Ali Respondent :- Isharat Khatoon And 7 Others Counsel for Petitioner :- Shyam Babu Vaish Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer:- "I. Issue a suitable direction by directing the court of Civil Judge (Junior Division) Nagina District-Bijnor to decide the application Ga 21 filed under section 151 C.P.C in a case No. 224/2024 Mohd Iftakhar Ali Vs Isharat Khatoon and others within a short stipulated period fixed by this Hon'ble court and also be pleased to restrain the respondents to raise any construction till the disposal of the application Ga 21 filed under section 151 С.Р.С." 2. It is contended by learned counsel for the petitioner that in the suit instituted by plaintiff-petitioner, an application 21C has been moved under Section 151 CPC for directing the defendant to immediately stop the constructions which are being raised. The application is pending consideration. The sole prayer made is for early 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 respondents, with a direction upon court concerned to decide the application 21C filed under Section 151 CPC in Case No. 224 of 2024, 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. 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 :- 19.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad