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2025 DAILYLAW 60314 (ALL)

SHIVJI v. STATE OF U.P. AND 11 OTHERS

A227/5196/2025 · 2025-05-19

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84190 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5196 of 2025 Petitioner :- Shivji Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Awadhesh Tiwari,Kiran Kumari Counsel for Respondent :- C.S.C.,Girdhar Prasad Tripathi Hon'ble Rohit Ranjan Agarwal,J. 1. This is plaintiff's petition. 2. In the suit instituted by plaintiff, an application for grant of temporary injunction was moved which was allowed by trial court. According to petitioner, despite order of interim injunction being in operation, defendants-respondents are executing the sale-deed in respect of property in dispute. The application under Order XXXIX Rule 2A CPC was filed in the year 2022, which is pending consideration. The sole prayer made is 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 respondents, with a direction upon court concerned to decide the Misc. Case No. 112 of 2022 under Order XXXIX Rule 2A CPC arising out of Original Suit No. 207 of 2014, 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 :- 20.5.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad