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2025 DAILYLAW 63369 (ALL)

HARIMOHAN SAINI v. NAGAR NIGAM, MATHURA AND 3 OTHERS

A227/5503/2025 · 2025-05-26

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90238 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5503 of 2025 Petitioner :- Harimohan Saini Respondent :- Nagar Nigam, Mathura And 3 Others Counsel for Petitioner :- Dharmendra Singh,Pavan Kumar Mishra,Rajendra Kumar Counsel for Respondent :- Sahab Tiwari Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. It is contended that in the suit instituted by the plaintiff, an application for grant of temporary injunction was moved which, according to the plaintiff, was allowed. The defendants had started violating the interim injunction order granted in favour of the plaintiff-petitioner. This Court finds that the petitioner has a remedy of filing an application under Order 39 Rule 2-A CPC. The present writ petition filed for seeking a direction upon Court below to decide the application dated 16.05.2025 is not maintainable. However, if the petitioner files an application under Order 39 Rule 2-A CPC within two weeks from today, the Court below shall proceed and decide the same strictly in accordance with law expeditiously preferably within a period of four months thereafter. With the aforesaid observations, present writ petition stands disposed of. Order Date :- 27.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad