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2025 DAILYLAW 82841 (ALL)

PARMANAND SHARMA v. KRISHNA KUMAR AND ANOTHER

A227/8606/2025 · 2025-08-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132882 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8606 of 2025 Petitioner :- Parmanand Sharma Respondent :- Krishna Kumar And Another Counsel for Petitioner :- Gunjan Sharma,Namit Kumar Sharma 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. Issue a suitable writ, order or direction, commanding/directing the Additional Civil Judge (Junior Division), Court No. 8, Mathura to decide the Application 6-C (Under Order XXXIX Rule 1 and 2 C.P.C.) in Suit No. 713/2025 (Permanand Vs. Krishna Kumar & Anr.) expeditiously within a month. ii. Issue any other suitable writ, order or direction to defendants/respondents to maintain status quo over the Suit property situated at Khata No. 028, Gata/Khasra No. 473, Village Govardhan, Gorba (Govardhan), Tehsil-Govardhan, District Mathura till the pendency of Suit No. 713/2025 (Permanand Vs. Krishna Kumar & Anr.) and also restrain the defendants from creating third party in the aforesaid suit property by the way of sale, agreement to sell, lease, Gift Deed etc." 3. Contention of the learned counsel for the petitioner is that petitioner has executed a gift deed of his property in favour of his sons, who are the defendants in the suit. After the gift deed, the petitioner and his wife were thrown out from the house by the defendants, who happen to be the sons of the petitioner. Ultimately, the petitioner instituted a suit in which an application for interim injunction has been filed on which the trial court has not granted the interim injunction and has issued notices. Next date fixed in the suit is 18.08.2025. 4. Since the application for interim injunction is pending, Additional Civil Judge (Junior Division), Court No. 8, Mathura is directed to decide the aforementioned interim injunction application (6C 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 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. 5. Till disposal of interim injunction application, the defendants are directed to maintain status quo with regard to property in dispute. 6. With the observations, the petition is disposed of. Order Date :- 6.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad