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2025 DAILYLAW 67032 (ALL)

DEVRAJ PATHAK v. GYANENDRA KUMAR MISHRA

A227/6165/2025 · 2025-07-09

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:110018 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6165 of 2025 Petitioner :- Devraj Pathak Respondent :- Gyanendra Kumar Mishra Counsel for Petitioner :- Satyadeep Gautam,Shesh Narain Mishra 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 Learned Additional Civil Judge (S.D.), Allahabad to decide 6-C application filed by the plaintiffs/petitioner in Original Suit No. 459 of 2025 (Devraj Pathak Versus Gyanendra Kumar Mishra), pending before Learned Additional Civil Judge (S.D.), Allahabad within stipulated period as directed by this Hon'ble Court. II. Direct the parties to maintain status quo over the land in question till disposal of 6-C application pending before the court of Learned Additional Civil Judge (S.D.), Allahabad in Original Suit No. 459 of 2025 (Devraj Pathak Versus Gyanendra Kumar Mishra), meanwhile otherwise the plaintiff/petitioner will suffer irreparable loss and injury." 3. Contention of the learned counsel for the petitioner is that suit no.459 of 2025 has been filed by the petitioner against the defendant for injunction on the ground that defendants-respondents are going to raise construction without any partition of the property in dispute, which was jointly purchased by them through a sale deed. The trial court did not grant ex parte injunction in the suit only notice was issued. Taking advantage of the summer vacations, the defendants-respondents started construction over the land in dispute. Averment in this regard has been made in paragraph no.22 of the writ petition. It has been prayed that the direction may be issued to the trial court to decide the injunction application. 4. No useful purpose would be served in keeping this petition pending. 5. This petition is disposed of with a direction to the trial court i.e. Additional Civil Judge (Senior Division) Allahabad, to consider and decide the injunction application 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. 6. Till disposal of the injunction application, parties are directed to maintain status quo. 7. 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 adjournments, the interim protection granted by this Court will automatically come to an end. Order Date :- 10.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad