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2025 DAILYLAW 71825 (ALL)

NARBDESHWER SINGH SOLANKI v. ABHISHEK SINGH AND 5 OTHERS

A227/6644/2025 · 2025-07-08

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:108604 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6644 of 2025 Petitioner :- Narbdeshwer Singh Solanki Respondent :- Abhishek Singh And 5 Others Counsel for Petitioner :- Bhola Nath Yadav,Kartikeya Shukla 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 for following relief: "(i) Issue order or direction of suitable nature calling for the record and setting aside the impugned order dated 27. 05.2025 passed by learned Civil Judge on the application 7 C in the original Suit bearing OS No. 550 of 2025 Narvadeshwar Singh vs. Abhishek Singh and others. (ii) Issue order or direction of suitable nature directing and commanding the respondents/ defendants not to raise any kind of construction, not to dispossess the petitioner, not to change the nature of the land and not to create any third party right over the land in dispute during the pendency of 7 C application before the learned Courts below otherwise the petitioner will suffer irreparable loss and injury." 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. (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. 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), Gorakhpur to consider and decide the aforementioned interim injunction application (6C 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 :- 9.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad