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2025 DAILYLAW 83067 (ALL)

LALA DEEPCHAND PRIVATE CHARITABLE TRUST v. STATE OF U.P. AND 6 OTHERS

WRIC/26853/2025 · 2025-08-10

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135537-DB Court No. - 21 Case :- WRIT - C No. - 26853 of 2025 Petitioner :- Lala Deepchand Private Charitable Trust Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Satyavrat Sahai,Sunil Dutt Kautilya Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The following prayers have been made in the writ petition: "i) Issue a writ, order or direction in the nature of mandamus commanding to respondents to not interfere in the property of the petitioner in any manner i.e. possession, creating hindrance over the property, raising boundary walls around the property or not to remove existing structure over the petitioner's property, till the disposal of the petitioner's injunction application filed in Civil Suit No.223/2025 pending before Civil Judge, Sr. Division, Muzaffarnagar. ii) Issue a writ, order or direction in the nature of mandamus directing the Civil Judge, Muzaffarnagar, to decide the injunction application of the petitioner within a stipulated period as deemed fit by this Hon'ble Court." 2. The dispute is between the petitioner-Trust and some private respondent in respect of an immovable property, which is the subject matter of Civil Suit No.223 of 2025 filed by the petitioner. 3. It appears that the trial court considered the application on 20.03.2025 and did not consider it appropriate to grant ex parte ad interim injunction and permitted the plaintiff-petitioner to take steps to serve the defendants and fixed a date for disposal of the application for temporary injunction. 4. Since the trial court has not considered it appropriate to grant ex parte ad interim injunction, therefore, we are not inclined to pass any such order, particularly, when the order refusing to grant ex parte ad interim injunction is not under challenge. 5. The writ petition is disposed of with liberty to the petitioner to press the application for temporary injunction before the trial court so that it is decided expeditiously. (Ram Manohar Narayan Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.8.2025 Ankit. Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad