Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73657 (ALL)

YOGENDRA NATH KHARE v. SHIV DAYAL SINGH AND 4 OTHERS

A227/6887/2025 · 2025-07-13

Manish Kumar Nigam

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:111878 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 6887 of 2025 Petitioner :- Yogendra Nath Khare Respondent :- Shiv Dayal Singh And 4 Others Counsel for Petitioner :- Ashwani Kumar Mishra 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 an order or direction in exercise of power conferred under Article 227 of the Constitution of India directing the Civil Judge (Junior Division), Gorakhpur to decide suit no. 73 of 2024 Yogendra Nath Khare and another Versus Shiv Dayal && others pending before him within stipulated time. II-Issue an order or direction in exercise of power conferred under Article 227 of the Constitution of India directing the Civil Judge (Junior Division), Gorakhpur to decide Stay Application (paper 7C) pending in the suit no. 73 of 2024 Yogendra Nath Khare and another Versus Shiv Dayal & others pending before him within stipulated time." 3. Contention of the learned counsel for the petitioner is that stay application (7C 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 (Junior Division), Gorakhpur to consider and decide the interim injunction application (7C 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 :- 14.7.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad