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2025 DAILYLAW 69812 (ALL)

VIJAY KUMAR SHARMA AND ANOTHER v. MUKTA DEVI AND 2 OTHERS

A227/6398/2025 · 2025-07-02

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103212 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6398 of 2025 Petitioner :- Vijay Kumar Sharma And Another Respondent :- Mukta Devi And 2 Others Counsel for Petitioner :- Kailash Prasad Pandey Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. The instant writ petition has been filed challenging the order dated 23.05.2025 passed by Civil Judge (J.D.) Hathras granting ex- parte injunction in favour of the plaintiff. 3. Learned counsel for the petitioner states that against the aforesaid order case the petitioner who is defendant has filed an application under Order 39 Rule 4 C.P.C. for setting aside the order dated 23.05.2025 which is still pending. He prayed that the same may be decided, expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (J.D.) Hathras to consider and decide the aforementioned application under Order 39 Rule 4 C.P.C., in accordance with law, expeditiously, preferably within a period of three months from the date of production of a certified copy of this order after ensuring service upon all the opposite parties and 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. Order Date :- 3.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad