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2025 DAILYLAW 79883 (ALL)

AGRANTE REALITIES LTD. v. MS GLORY HOTELS AND RESORT PVT. LTD. AND 15 OTHERS

A227/8149/2025 · 2025-07-30

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128212 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8149 of 2025 Petitioner :- Agrante Realities Ltd. Respondent :- Ms Glory Hotels And Resort Pvt. Ltd. And 15 Others Counsel for Petitioner :- Pavan Kishore,Rahul Agarwal Counsel for Respondent :- Chandan Sharma,Shashi Prakash Rai Hon'ble Manish Kumar Nigam,J. 1. This petition has been filed challenging the order dated 29.05.2025 passed in Misc. Appeal No. 54 of 2025 against an ex- parte injunction order. 2. Contention of learned counsel for the petitioner is that impugned order is erroneous. The appellate court has stayed the injunction order granted by the trial court without recording any reason. 3. Sri Rakesh Pandey, learned Senior Advocate, assisted by Sri Shashi Prakash Rai, learned counsel for the respondent submitted that no useful purpose would be served in keeping this petition pending and 12.08.2025 is the next date fixed in the appeal in which the order impugned has been passed. 4. Learned counsel for the petitioner has also put in appearance in the appeal. It has been submitted by counsel for the petitioner that there are several respondents in the appeal, who are not directly affected and the contest is only between the petitioner and the respondent. 5. In view of these facts, I am of the view that the appellate court may consider and decide the appeal itself on the next date fixed after hearing all the parties concerned in accordance with law and if for some unavoidable reason, it is not possible to decide the same on the next date fixed, the same shall be considered and decided within next one week. 6. Till disposal of appeal, parties are directed to maintain status quo. 7. It is made clear that petitioner will not seek any undue adjournment in the matter to keep the proceedings pending and in case, the petitioner seeks unnecessary adjournment, the interim order granted by this Court shall stand automatically vacated. 8. It is made clear that this Court has not examined the matter on merits and the appellate court shall decide the appeal strictly in accordance with law. 9. With these observations, the petition stands disposed of. Order Date :- 31.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad