SMT. PINKI DEVI AND ANOTHER v. KHUSHWANT SINGH AND ANOTHER
A227/7234/2025 · 2025-07-16
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 75660 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75660 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:115530 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7234 of 2025 Petitioner :- Smt. Pinki Devi And Another Respondent :- Khushwant Singh And Another Counsel for Petitioner :- Mohit Kumar Singh,Sujata Choudhary Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the parties and perused the record.
2. The instant writ petition has been filed for following relief:
"a. Issue a suitable order or direction, directing the court concerned i.e. learned Civil Judge (Senior Division), Muzaffar Nagar to decide/dispose the 6C Application under Order 39 Rule 1 and 2 read with Section-94 and 151 of the C.P.C. filed by the petitioners-plaintiffs in Original Suit No.869 of 2024 (Smt. Pinki and Another vs. Khushwant Singh and Another), which is pending before the learned Civil Judge (Senior Division), Muzaffar Nagar, expeditiously, within a specified period to be fixed by this Hon'ble Court. b. Issue a suitable order or direction, restraining the respondents- defendants from transferring the land in question to any other person, disturbing the land in question, mortgaging the land in question for the purpose of taking the loan till the disposal of the 6C Application under Order 39 Rule 1 and 2 read with Section-94 and 151 of the C.P.C. filed by the petitioners-plaintiffs.
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 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 (Senior Division), Muzaffar Nagar 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 :- 17.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad