SHAILESH KUMAR AND 2 OTHERS v. KM. SONI DEVI ALIAS UPMA DEVI AND ANOTHER
A227/6809/2025 · 2025-07-10
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 73372 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73372 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110907 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6809 of 2025 Petitioner :- Shailesh Kumar And 2 Others Respondent :- Km. Soni Devi Alias Upma Devi And Another Counsel for Petitioner :- Akash Gupta,Arpit Agarwal 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:
"i. Issue a direction commanding the Civil Judge (Senior Division) Fast Track Court, Pilibhit to adjudicate/decide the Original Suit No. 80 of 2012; Km. Soni Devi alias Upma Devi vs. Shailesh and another, expeditiously, in a fixed time frame as this Hon'ble Court may deem fit to fix, without granting unnecessary adjournment to the parties. ii. Issue a direction commanding the Civil Judge (Senior Division) Fast Track Court, Pilibhit to adjudicate/decide the application (paper no. 6-Ga) filed under Order 39 Rule 1 and 2 of the Code of Civil Procedure in Original Suit No. 80 of 2012; Km. Soni Devi alias Upma Devi vs. Shailesh and another, expeditiously, in a fixed time frame as this Hon'ble Court may deem fit to fix, without granting unnecessary adjournment to the parties.
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 2012 and the petitioners are defendants in the aforementioned suit. He further submits that the interim injunction application 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) Fast Track Court, Pilibhit 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 :- 11.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad