Neutral Citation No. - 2025:AHC:115124 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6065 of 2025 Petitioner :- Ramswaroop Balmiki Respondent :- Manish Agarwal Alias Kaju Seth And 4 Others Counsel for Petitioner :- Brijesh Kumar Yadav,Ram Chandra Yadav Counsel for Respondent :- Mohd. Afzal,Mridul Kumar Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, Mr. Mohd. Afzal, learned counsel for respondent No. 1 and Sri Mridul Kumar, learned counsel for the caveator-respondent. 2. This petition has been filed challenging the order dated 08.04.2025 by which interim injunction granted by the appellate court has been vacated on the ground that the plaintiff-appellant is not arguing the matter and is only delaying the appellate proceedings. 3. The facts as noted in the order impugned are that against the order dated 06.04.2024 passed by the trial court, an appeal was filed by the appellant-petitioner on 20.04.2024. On 20.04.2024, ex- parte injunction order was granted to the petitioner directing the parties to maintain status quo. By order dated 23.07.2024, the appellant was directed to take steps for service, which was not done by the appellant. On 28.08.2024, another opportunity was granted to the petitioner to take steps for service but again no steps were taken by the petitioner. On 27.09.2024, an application filed by the petitioner for condoning delay in taking steps was allowed by the appellate court but still no steps were taken by the petitioner. Thereafter, on 14.11.2024, 12.12.2024 and 23.12.2024 applications for adjournment were moved by the petitioner, which were allowed. On 24.01.2025 service upon respondent Nos. 2, 3 and 5 was found sufficient and a last opportunity was granted. 15.02.2025 was the date was fixed for arguments. Thereafter, on 10.03.2025, the appellant has appeared and moved an adjournment application, which was allowed. Again on 27.03.2025, an adjournment application was moved by the petitioner, which was allowed on payment of Rs.1,000/- and 08.04.2025 was the date fixed. On 08.04.2025 another application was moved for adjournment, hence order dated 20.04.2024 has been vacated. 4. In my view, no illegality has been committed by the court below in vacating the interim order granted during the pendency of the appeal. 5. The writ petition lacks merit and is dismissed. 6. Since the appeal itself is pending, it is expected that the same shall be considered and decided by the District Judge, Jalaun at Orai within twelve weeks from the date of production of certified copy of this order after providing opportunity of hearing to all the parties concerned, in accordance with law without being prejudiced by any of the findings recorded by the lower appellate court in its order dated 08.04.2025 as well as findings recorded by this Court, if any. Order Date :- 16.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad