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2025 DAILYLAW 80794 (ALL)

SANJAY KUMAR v. GYAN DEVI SINCE DECEASED AND 11 OTHERS

A227/8174/2025 · 2025-07-30

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:127675 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8174 of 2025 Petitioner :- Sanjay Kumar Respondent :- Gyan Devi Since Deceased And 11 Others Counsel for Petitioner :- Ashish Kumar,Girish Singh 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: "I. issue an order or direction direct the court of Civil Judge (Junior Division)/F.T.C. Fatehpur (CNR No. UPFT060000802009) to decide 7 Ga2 application filed under Order 39 Rule 1 and 2 C.P.C in Original Suit No. 26 of 2009 Sanjay Kumar Versus Gyana Devi and others pending before Civil Judge (Junior Division)/F.T.C. Fatehpur within certain stipulated period of time pending as this Hon'ble Court may deem fit and proper considering the facts and circumstances of the case. (II) issue an order or direction to restrain the respondent from interfering in the peaceful possession of the plaintiff and from raising construction over property in dispute i.e, Arazi No. 504 Da area 0.3410 ht situated at Mauja Parasrampur, Pargana, Tehsil and District Fatehpur as mentioned in the foot of the plaint till the disposal of the 7Ga2 application by Hon'ble Court below considering the facts and circumstances of the case Award cost to the applicant." 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. (7Ga2 Application) is pending since 2009 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)/F.T.C. Fatehpur to consider and decide the aforementioned interim injunction application (7Ga2 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 :- 31.7.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad