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2025 DAILYLAW 74812 (ALL)

HARI SINGH v. GOPAL SHARMA AND 3 OTHERS

A227/7134/2025 · 2025-07-15

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:114679 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7134 of 2025 Petitioner :- Hari Singh Respondent :- Gopal Sharma And 3 Others Counsel for Petitioner :- Girijesh Kumar Gupta,Shiv Shankar Pd Gupta 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. A direction to learned appellate court i.e learned district judge Hapur to decide the misc. civil appeal no 74 of 2024 Gopal Singh Vs Hari Singh and others dated 4-1-2024 challenging the rejection order of interim injunction application 6C dated 1-11-2023 passed by trial court on interin injection application fried under Order 39 Rule 1 C.P.C within a shortest period which this Hon'ble court may direct in the interest of justice. II. And further A direction to learned appellate court i.e learned district judge Hapur to restrain the plaintiff/respondent from interfering in peaceful ownership and possession of defendant/petitioner over the land in dispute in any manner in the interest of justice." 3. Contention of the learned counsel for the petitioner is that the aforementioned appeal is pending before learned District Judge, Hapur for adjudication. He prayed that the same may be decided expeditiously. 4. No useful purpose would be served in keeping this petition pending. 5. The present petition stands disposed of finally with a direction to the learned District Judge, Hapur to consider and decide the aforementioned appeal, 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 respondents and after giving opportunity of hearing to the parties concerned provided that there is no other legal impediment. Order Date :- 16.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad