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Neutral Citation No. - 2025:AHC:115820 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6949 of 2025 Petitioner :- Anita Chaudhary Respondent :- Anees Counsel for Petitioner :- Chinta Mani,Devansh Misra Counsel for Respondent :- Ashutosh Pandey Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant petition has been filed for the following relief:
"(a) issue a suitable order or direction for setting aside the impugned order dated 22.01.2025 passed by Civil Judge (Senior Division), Basti in O.S. No. 679 of 2024 (titled as 'Anita Chaudhary Vs. Anees) (Annexure-1 to the petition). (b) issue a suitable order or direction for setting aside the impugned appellate
order dated 18.03.2025 passed by Additional District Judge, Basti in Misc. Appeal No. 07 of 2025 (Annexure-1 to the petition); (c) issue a suitable order or direction directing the parties to maintain strict status quo over the suit property bearing House No. 1073 situated at Ward No. 8, Rameshwarpuri, Near Gandhi Kala Bhawan, Malviya Road, District Bastii;"
3. Contention of learned counsel for the petitioner is that an ad interim injunction was granted in favour of the petitioner by the trial court which was subsequently vacated and the application for interim injunction is still pending. Against the vacation of ex-parte interim injunction, the petitioner preferred an appeal, which has been dismissed. The appellate court has remitted back the matter to the trial court, directing it to decide the application for temporary injunction..
4. Learned counsel for the petitioner has submitted that defendants/respondents are raising constructions. The said fact has been denied by the learned counsel appearing for the respondent stating that no constructions are being raised by the defendants/respondents.
5. It has been submitted by learned counsel for the respondent that no useful purpose would be served in keeping this petition pending.
6. Since, both the parties are represented before the court below and it has been informed that 4.8.2025 is the next date fixed in the matter.
7. In view of the same, the writ petition is disposed of with a direction to the Civil Judge (S.D.), Basti to consider and decide the interim injunction application on the date fixed itself. Both the counsel has assured that they will cooperate in disposal of the interim injunction application. In case, due to unavoidable circumstances, the interim injunction application is not decided on the next date fixed, the same shall be decided within the next week thereafter.
Order Date :- 17.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad