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2025 DAILYLAW 71273 (ALL)

SHAILENDRA JAIN v. SMT. NAINA GUPTA AND 4 OTHERS

A227/6543/2025 · 2025-07-07

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:107054 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6543 of 2025 Petitioner :- Shailendra Jain Respondent :- Smt. Naina Gupta And 4 Others Counsel for Petitioner :- Ravi Anand Agarwal,Shreya Gupta Counsel for Respondent :- Amrish Sahai,Ashish Agrawal,Jainendra Kumar Mishra Hon'ble Manish Kumar Nigam,J. 1. Heard Sri Tanishk Goyal, Advocate, holding brief of Sri Ravi Anand Agarwal, learned counsel for the petitioner, Sri Anamika Singh, learned counsel for respondent No. 3, Sri Amrish Sahai, learned counsel for respondent No. 4, Sri Jainendra Kumar Mishra, learned counsel for respondent No. 5 and perused the record. 2. The instant writ petition has been filed for following relief: " i. direct the learned Civil Judge, Senior Division, Kanpur Nagar to decide interim injunction application (Paper No. 12-C) dated 02.08.2022 in Original Suit No. 1409 of 2022: Shailendra Jain Vs Smt. Naina Gupta & others, pending before it, most expeditiously or within such time period as this Hon'ble Court may direct;" 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. (12-C Application) is pending since 2022 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, Kanpur Nagar to consider and decide the aforementioned interim injunction application (12-C 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. Order Date :- 8.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad