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2025 DAILYLAW 81499 (ALL)

VIRENDRA KUMAR PATHAK v. PRADYUM MINOR AND 5 OTHERS

A227/8375/2025 · 2025-08-03

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:130095 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8375 of 2025 Petitioner :- Virendra Kumar Pathak Respondent :- Pradyum Minor And 5 Others Counsel for Petitioner :- Rajeev Mishra,Ramesh Kumar Panday 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. to pass an order or direction to the learned trial court to decide the application Under Order-39 Rule-1&2 C.P.C. for temporary injunction (paper No. 6C) dated 15.09.2023 filed in Original Suit No.162 of 2023 (Virendra Kumar Pathak Vs. Pradyum (Minor) & others) pending in the Court of learned Civil Judge (Jr. Div.), Garautha, Jhansi within stipulated period, failing which Petitioner shall suffer irreparable loss and injury." 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 2023 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 (Jr. Div.), Garautha, Jhansi 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 :- 4.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad