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2025 DAILYLAW 65034 (ALL)

MALTI DEVI v. SANJEEV KUMAR AND ANOTHER

A227/5796/2025 · 2025-07-08

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:109004 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 5796 of 2025 Petitioner :- Malti Devi Respondent :- Sanjeev Kumar And Another Counsel for Petitioner :- Anil Kumar Mishra Hon'ble Manish Kumar Nigam,J. 1. Supplementary affidavit filed on behalf of the petitioner in Court today is taken on record. 2. Heard learned counsel for the parties and perused the record. 3. The instant writ petition has been filed for following relief: "(i) set aside the impugned order dated 25.04.2025 passed by Additional Session Judge Court No.1, Sonbhadra and order dated 04.04.2025 passed by Civil Judge (Junior Division), Sonbhadra and till the disposal of 6-C application the parties maintain status-quo over the property in question. (i) Direct the Civil Judge (Junior Judge), Sonbhadra to decide the 6-C application dated 27.03.2025 in Original Suit No. 167 of 2025 (Malti Devi Vs. Sanjeev Kumar and others), pending in the Court of Civil Judge (J.D.) Sonbhabad within stipulated period, and till the disposal of the 6-C application the defendant/respondents may be restrain to any construction over the land in dispute." 4. Contention of the learned counsel for the petitioner is that in a suit for injunction filed by the petitioner, ex parte injunction order was not given by the trial court and the injunction application is pending. During the pendency of the said application, the defendants-respondents started raising construction, which led to filing of an application under Section 151 CPC mentioning therein that till disposal of the interim injunction application, parties may be directed to maintain status quo as the respondents are raising construction. The said application was filed on 04.04.2025 and has been rejected by the court below by order dated 04.04.2025. Against the order dated 04.04.2025, the petitioner has filed a revision and the same has also been dismissed. 5. Since, the application for interim injunction is pending, no useful purpose would be served in keeping this petition pending. 6. This petition is disposed of with a direction to the trial court i.e. Civil Judge (Junior Division) Robertsganj, Sonbhadra to consider and decide the application for temporary injunction Paper No.6C expeditiously preferably within a period of 12 weeks from the date of production of a certified copy of this order after ensuring service upon all the respondents, after giving opportunity of hearing to all the parties concerned provided that there is no other legal impediment. 7. Till disposal of the injunction application, parties are directed to maintain status quo. 8. It is further provided that petitioner will cooperate in disposal of the injunction application and, in case, the petitioner tries to linger on the disposal of the injunction application by seeking undue adjournment, the interim protection granted by this Court will automatically come to an end. Order Date :- 9.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad