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2025 DAILYLAW 77934 (ALL)

SMT. RENU AND 2 OTHERS v. SUDARSHAN KUMAR AND 3 OTHERS

A227/7719/2025 · 2025-07-23

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:121349 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7719 of 2025 Petitioner :- Smt. Renu And 2 Others Respondent :- Sudarshan Kumar And 3 Others Counsel for Petitioner :- Dhrub Narayan Kharwar,Vidya Dhar Dubey 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 reliefs: "i) Order of direction to the learned court to expedite or direct the learned court below to decide the Injunction Application of the petitioners under Order-39 Rule-1 & 2 of Code of Civil Procedure in Original Suit No.599 of 2024 (Renu Vs. Sudarshan Kumar and others). ii) Order of direction in suitable nature to restrain the defendants/respondents not to change the nature of property in suit till the decision of the Injunction Application of the petitioners under Order-39 Rule-1 & 2 of Code of Civil Procedure in Original Suit No.599 of 2024 (Renu Vs. Sudarshan Kumar and others)." 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) Ghaziabad 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