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2025 DAILYLAW 75711 (ALL)

MIJAJI LAL v. IMRANA AKHATAR AND 8 OTHERS

A227/7305/2025 · 2025-07-17

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116743 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7305 of 2025 Petitioner :- Mijaji Lal Respondent :- Imrana Akhatar And 8 Others Counsel for Petitioner :- Sharda Prasad Mishra,Subhash Chandra Maurya 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 reliefs: " i) To issue anorder or direction to direct the learned court below to decide the 6C application field by the petitioner in Civil Suit no. 1116 of 2024 (Mijaji Lal vs. Imrana Akhatar and others) pending before Civil Judge (JD)Kanpur Nagar within stipulated period which hon'ble court may deem fit and proper. (ii) To issue an order or direction in the nature of the mandamus to direct the respondents to not interfere in the peaceful possession of the Petitioner in the property in question." 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 (Junior Division )Kanpur 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 :- 18.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad