Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73632 (ALL)

NAEEM KHAN AND ANOTHER v. NAGAR PALIKA PARISHAD

A227/6942/2025 · 2025-07-23

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:121989 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6942 of 2025 Petitioner :- Naeem Khan And Another Respondent :- Nagar Palika Parishad Counsel for Petitioner :- Ajay Kumar Singh Yadav,Divyansh 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: "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the learned Civil Judge (S.D.), Rampur to consider and decide an interim injunction application (7C) dated 02.07.2025, filed by the Plaintiffs/petitioners in Original Suit No. 153 of 2025 Naeem Khan and another Vs. Nagar Palika Parishad, Rampur) forthwith, within stipulated period as fixed by the Hon'ble Court and in the meantime command the Defendant/Respondent neither interfere in the peaceful possession of the plaintiffs/Petitioners nor dispossess to them from land in question, otherwise they shall suffer irreparable loss and injury." 3. Contention of learned counsel for the petitioners is that Nagar Palika issued notices to the petitioners. The petitioners filed Writ C No.19525 of 2025 before this Court by which limited protection was granted to the petitioners vide order dated 11.6.2025 restraining the respondents from taking any coercive action against the petitioners. It was also directed that the representation of the petitioners may be decided. However, representation of the petitioners was not decided till now and a second notice has been issued to the petitioners for removing their constructions. The petitioners filed a suit dated 15.3.2025 for permanent injunction along with application for interim relief. The trial court has only issued notices and has granted ex-parte interim injunction. The petitioners submits that there is a threat of demolition of constructions of the petitioners at behest of the respondent- Nagar Palika. 4. Since, injunction application is pending, no useful purpose would be served in keeping this petition pending. 5. Sri Shivanshu Gupta, Advocate holding brief of Sri S. Sharma, learned counsel for the respondent-Nagar Palika states that Nagar Palika has appeared before the court below. 6. The writ petition is disposed of with a direction to the learned Civil Judge (S.D.), Rampur to consider and decide the interim injunction application (7C Application), in accordance with law, expeditiously, preferably within a period of eight 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. 7. For a period of eight weeks, parties are directed to maintain status quo. Order Date :- 24.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad