Neutral Citation No. - 2025:AHC:132623 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8512 of 2025 Petitioner :- Viswa Kant Mishra Respondent :- Smt. Sulochana Mishra And 8 Others Counsel for Petitioner :- Ravi Shankar Mishra Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the petitioner and perused the record. 2. This petition has been filed challenging the order passed by the first appellate court issuing notice in regular first appeal no. 74 of 2025 against a judgment and decree for injunction as well as for demolition. 3. Contention of the learned counsel for the petitioner is that the petitioner has filed an appeal against the said decree along with stay application but the court below has not considered the stay application and has issued notices. Learned counsel for the petitioner relied upon the judgment of the Apex Court in Mool Chand Yadav Vs. Raza Buland Sugar Company Limited reported in 1982 (3) SCC page No. 484 and in view of judgment in case of Maheshwar Pratap Shahi Vs. State of U.P. and 5 Others in Writ B No. 412 of 2020 dated 13.02.2020 and argued that the lower appellate court has erred in law in not considering the stay application. 4. No useful purpose would be served in keeping this petition pending. 5. Accordingly, this petition is disposed of with a direction to the appellate court to consider and decide the injunction application in accordance with law, expeditiously, preferably, within a period of eight weeks from the date of production of a certified copy of this order, after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. It is made clear that this Court has not examined the matter on merits. 6. Till the disposal of the injunction application, the parties are directed to maintain status quo. 7. It is made clear that in case, an attempt is being made by the petitioner to linger on the disposal of injunction application, the interim protection granted by this Court, shall automatically be vacated. Order Date :- 6.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad