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2025 DAILYLAW 72935 (ALL)

M/S CENTURY TEXTILES AND INDUSTRIES LIMITED v. MANOJ KUMAR AND 22 OTHERS

A227/6783/2025 · 2025-07-09

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:109648 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6783 of 2025 Petitioner :- M/S Century Textiles And Industries Limited Respondent :- Manoj Kumar And 22 Others Counsel for Petitioner :- Ravi Prakash Bhatt,Sr. Advocate 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 reliefs: " A-Issue a direction to call for the record of the case from the court below and set aside the order dated 9.1.2025 passed by Civil Judge (J.D.)/Judicial Magistrate, Thakurdwara, Moradabad in application 26G filed by contesting respondents in Original Suit No.54 of 2024 (Annexure No.8 to the petition) and the order dated 31.5.2025 passed by District Judge, Moradabad in Misc. Civil Appeal No.12 of 2025 (Annexure No.10 to the petition). B-Issue a direction to the contesting respondents not to interfere in peaceful possession of the petitioner over the plots in question during pendency of present petition. C-Issue a direction to the court below to forthwith finally decide the application under Order 39 Rule 1 and 2 of Code of Civil Procedure filed by petitioner marked as 6-C application." 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 2024 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.)/Judicial Magistrate, Thakurdwara, Moradabad to consider and decide the aforementioned interim injunction application (6C Application), in accordance with law, expeditiously, preferably within a period of six 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