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2025 DAILYLAW 81570 (ALL)

RAMAADHAR v. SMT RAMAVATI DEVI AND 4 OTHERS

A227/8369/2025 · 2025-08-03

Manish Kumar Nigam

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:130041 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8369 of 2025 Petitioner :- Ramaadhar Respondent :- Smt Ramavati Devi And 4 Others Counsel for Petitioner :- Imtiyaj Ali 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) Direct to the learned Civil Judge (Junior Division), Kushinagar at Padrauna, for disposal of Application 6C filed under Order 39 Rule 1 CPC, in Original Suit No. 756 of 2022 (Ramaadhar vs. Ramavati Devi and Others) expeditiously within certain stipulated of time as fixed by this Hon'ble Court and till the decision upon the application (6C) for grant of the temporary injunction, in Original Suit No. 756 of 2022 (Ramaadhar vs. Ramavati Devi and Others) and may kindly be restraining the Defendants/respondents from interfering with the peaceful possession, enjoyment of the Petitioner over the suit property or directed to maintain status quo in the suit property herein owned by the petitioner." 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 2022 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), Kushinagar at Padrauna 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