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2025 DAILYLAW 75781 (ALL)

UDAIRAJ AND 2 OTHERS v. SMT. REKHA DEVI AND 12 OTHERS

A227/7217/2025 · 2025-07-16

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:115518 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7217 of 2025 Petitioner :- Udairaj And 2 Others Respondent :- Smt. Rekha Devi And 12 Others Counsel for Petitioner :- Dharmendra Kumar Shukla 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: " It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Civil Judge (Junior Division), Court No.5, Prayagraj to decide the interim injunction application Paper No.6-C filed under Order 39 Rule 1 C.P.C. in O.S. No.283 of 2025 (Smt. Rekha Devi Vs. Udairaj and Others) pending in the court of Civil Judge (Junior Division), Court No.5, Prayagraj within time bound period which may be fixed by this Hon'ble Court, otherwise the petitioners shall suffer irreparable loss and injury. And/Or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case." 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 2025 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), Court No.5, Prayagraj 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