Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 65819 (ALL)

SATVIR v. VIRENDRA SINGH AND ANOTHER

A227/6549/2025 · 2025-07-07

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:107127 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6549 of 2025 Petitioner :- Satvir Respondent :- Virendra Singh And Another Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- Anjali Upadhya Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant writ petition has been filed for following relief: " i. Direct the Civil Judge (S.D.) Gautam Budh Nagar to decide the Application filed by the Petitioner under Order 39 Rule 1 and 2 along with Section 151 C.P.C. on 14.02.2025 expeditiously within the period stipulated by this Hon'ble Court. ii. Direct the Respondent No.1 to maintain status quo of the land in dispute during pendency of the temporary injunction application filed on 14.02.2025. iii. Direct the respondent No.2 to take appropriate proceedings against the respondent No.1 provided under the Uttar Pradesh Urban Planning and Development Act, 1973." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order 39 Rule 1 of C.P.C. is pending since 14.02.2025 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 4. In view of above, no useful purpose would be served in keeping this petition pending. 5. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division) Gautam Budh Nagar to consider and decide the aforementioned interim injunction application (6C application), in accordance with law, expeditiously, preferably within a period of twelve weeks from the date of production of a certified copy of this order after ensuring service upon all the opposite parties, giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. 6. This order has been passed in presence of Sri Yashaswi Pathak, Advocate, holding brief of Ms. Anjali Upadhyay, learned counsel appearing for respondent No. 2. Order Date :- 8.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad