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2025 DAILYLAW 81508 (ALL)

SHIVANSH PRASHAR v. SMT. SURAKASHA GUPTA AND ANOTHER

A227/8624/2025 · 2025-08-05

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:132850 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8624 of 2025 Petitioner :- Shivansh Prashar Respondent :- Smt. Surakasha Gupta And Another Counsel for Petitioner :- Kapil Tyagi,Sindhuja Rathi Bhargava Counsel for Respondent :- Anjali Upadhya Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner, Shri Yashaswi Pathak, Advocate holding brief of Ms. Anjali Upadhya, learned counsel for the respondent and perused the record. 2. The instant writ petition has been filed for following relief: "Issue an appropriate order or this Hon'ble Court may graciously be pleased to allow this Misc. Petition (Civil) and may be pleased to direct to the court of Civil Judge (Senior Division) Gautam Buddha Nagar to decide the application of 6C2, (under order 39 Rule.1 and 2 read with 151 C.P.C) which was moved by petitioner on 12.03.2024 in O.S. No.370 of 2024 of Specific Performance and for relief of permanent perpetual injunction, expeditiously within stipulated period, otherwise petitioner shall suffer an irreparable loss." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (6C2 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 (Senior Division) Gautam Buddha Nagar to consider and decide the interim injunction application (6C2 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 concerned parties as well as 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 :- 6.8.2025/Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad