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2025 DAILYLAW 78887 (ALL)

YOGESH SHARMA AND ANOTHER v. DAUJI GOSWAMI AND 4 OTHERS

A227/7890/2025 · 2025-08-04

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:131333 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 7890 of 2025 Petitioner :- Yogesh Sharma And Another Respondent :- Dauji Goswami And 4 Others Counsel for Petitioner :- Arpit Agarwal,Shreya Gupta Counsel for Respondent :- Abhilasha Singh,Rahul Yadav Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed challenging the order dated 31.05.2025, passed by Additional Civil Judge (Junior Division), Court No. 2, Mathura in Original Suit No. 1610 of 2024, rejecting the application for temporary injunction filed by the plaintiff/petitioners. 3. Learned counsel for the respondents has raised a preliminary objection that against the order impugned, the petitioners have remedy of filing misc. appeal under Order 43 Rule 1(r) C.P.C. 4. In view of the above, I am not inclined to interfere in the matter. 5. Accordingly, this petition is disposed of with liberty to the petitioners to file misc. appeal along with stay application. 6. In case, misc. appeal along with stay application is filed within three days, the stay application shall be considered and decided by the court concerned within a period of two weeks and the appeal itself may be decided within next twelve weeks, in accordance with law. 7. Learned counsel appearing for respondents assures that his clients will participate in the proceedings and will not seek undue adjournments. Order Date :- 5.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad