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2025 DAILYLAW 76137 (ALL)

SMT. USHA DEVI v. JUGAL KISHOR SARASWAT AND 3 OTHERS

A227/7317/2025 · 2025-07-17

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:116560 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7317 of 2025 Petitioner :- Smt. Usha Devi Respondent :- Jugal Kishor Saraswat And 3 Others Counsel for Petitioner :- Piyush Patel,Sukh Swaroop 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 a order to direct to the learned Civil Judge (S/D), Agra to decide the 8C application in original suit no.333 of 2025 (Smt. Usha Devi Vs. Jugal Kishor and others), pending before the court of learned Civil Judge (S/D), Agra, within stipulated period fixed by this Hon'ble Court. (ii) issue a order to direct to the learned Civil Judge (S/D), Agra restrain the respondents/defendants to interfere to the petitioner/plaintiff peaceful possession use and enjoyment over the property in suit till disposal of 8C application. (iii). Issue any suitable order or direction as this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (8C Application) is pending before the learned Civil Judge (S.D.), Agra 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 learned Civil Judge (S.D.), Agra to consider and decide the interim injunction application (8C 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 :- 18.7.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad