OMKAR SINGH AND ANOTHER v. KAMAL SINGH AND 5 OTHERS
A227/6764/2025 · 2025-07-09
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 71648 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71648 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:109644 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6764 of 2025 Petitioner :- Omkar Singh And Another Respondent :- Kamal Singh And 5 Others Counsel for Petitioner :- Girish Chandra Maurya,Vivek Kumar Shukla Hon'ble Manish Kumar Nigam,J.
1. The instant writ petition has been filed for following relief:
"I. Issue a order or direction direct the learned Court of Civil Judge, (S.D.), -Thakurdwara, Moradabad to decide the interim injunction application 6 (C) of XXXIX Rule 1 to 5 of C.P.C. as well as interim injunction application filed in Original Suit No. 50 of 2025 (Omkar Singh and another Vs. Kamal Singh and others) before the Court of learned Civil (J.D.), Thakurdwara, Moradabad, expeditiously within as fixed by this Judge stipulated period Hon'ble Court."
2. From perusal of writ petition, it appears that an application for interim injunction under Order 39 Rule 1 of C.P.C. (6C Application) is pending since 2025 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously.
3. In view of above, no useful purpose would be served in keeping this petition pending.
4. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge, (J.D.), -Thakurdwara, Moradabad to consider and decide the aforementioned interim injunction application (6C Application), if not already decided, 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 :- 10.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad