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2025 DAILYLAW 77368 (ALL)

IDARISH KHAN v. EKRAM BALIG

A227/7711/2025 · 2025-07-23

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121339 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7711 of 2025 Petitioner :- Idarish Khan Respondent :- Ekram Balig Counsel for Petitioner :- Pramod Kumar Tripathi 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: " 1. Issue a writ order to direct the concerned court to take decision in the application for permanent injunction in Case No. 37 of 2025 (Idrish Khan Vs. Ikram Balig) pending in Civil Judge (J.D.) Atarra, Banda, filed by the petitioner and also grant interim measure during pendency of the application of permanent injunction which is filed with suit." 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 (J.D.) Atarra, Banda 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 :- 24.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad