GOVIND JI VAISHYA @ GOVIND KUMAR KASHYAP v. GOPAL JI VAISHYA AND 4 OTHERS
A227/8504/2025 · 2025-08-05
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 81647 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81647 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:132225 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8504 of 2025 Petitioner :- Govind Ji Vaishya @ Govind Kumar Kashyap Respondent :- Gopal Ji Vaishya And 4 Others Counsel for Petitioner :- Pushpendra Kumar Mishra,Ruchi Kashyap Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioner and perused the record.
2. The instant writ petition has been filed for following relief:
" Issue, an order or direction commanding and directing the learned court i.e. Civil Judge (Senior Division), Gorakhpur, to decide the application (paper no.7C2) dated 08.11.2019, under order-39 rule 1 & 2 read-with section-151 C.P.C. filed by the plaintiff/respondent, in Original Suit No.778 of 2019 (Gopal Ji Vaishya Vs. Govind Ji Vaishya @ Gopal Kunnar Kashyap & others), expeditiously as possible on the next date fixed in the aforesaid suit. (Annexure No. 2 to this petition)."
3. Contention of the learned counsel for the petitioner is that an application for interim injunction (7C2 Application) is pending since 2019 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), Gorakhpur to consider and decide the interim injunction application (7C2 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