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2025 DAILYLAW 72663 (ALL)

SHASHANK KUMAR GUPTA v. BACCHA (MAJOR) AND 7 OTHERS

A227/7032/2025 · 2025-07-14

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:113206 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7032 of 2025 Petitioner :- Shashank Kumar Gupta Respondent :- Baccha (Major) And 7 Others Counsel for Petitioner :- Avinash Singh Chauhan,Virendra Singh Chauhan 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 a writ, order or direction to the Learned Civil Judge (Junior Division) District Banda to consider and expediously decide the 6c2 application filed by plaintiff dated 03.10.2023 Under 39 Rule 1 and 2 of C.P.C. for granting Interim Injunction in Original Suit No. 416/2023 (Shashank Kumar Gupta Versus Baccha and others) which was filed by the Plaintiff for permanent injunction and Cancellation of Sale deed executed by the defendant No. 1 in favour of Defendant No. 2 to 5, which is pending before Learned Civil Judge (Junior Division) District Banda since year 2023, within stipulated time as specified by this Hon'ble Court. ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents/Defendants not to create third party right with respect to land in question during the pendency of the Original Suit No. 416/2023 (Shashank Kumar Gupta Versus Baccha and others)." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (6C Application) is pending since 2023 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 (J.D.), District Banda to consider and decide the 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 concerned parties as well as 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 :- 15.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad