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2025 DAILYLAW 83574 (ALL)

KUSUM v. NATHUNI AND ANOTHER

A227/8932/2025 · 2025-08-11

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136250 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8932 of 2025 Petitioner :- Kusum Respondent :- Nathuni And Another Counsel for Petitioner :- Kunwar Bikram Suryabansh,Vinay Kumar Singh Chandel 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: "I. To issue a direction to the Court below to decide the interim injunction application (6-Ga), under Order-39, Rule-1 C.P.C. in Suit No. 40 of 2019 [Kusum vs. Nathuni and Another] under Section 38 of Specific Relief Act, 1963, pending in the Court of Prescribed Authority/Civil Judge (Junior Division), Kushinagar within a time bound period without granting any unnecessary adjournment and if possible on day to day basis. II. To issue a direction to the Court below to decide the Suit No. 40 of 2019 [Kusum vs. Nathuni and Another] under Section 38 of Specific Relief Act, 1963 pending in the Court of Prescribed Authority/Civil Judge (Junior Division), Kushinagar within a time bound period without granting any unnecessary adjournment and if possible on day to day basis." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (6C Application) is pending before Civil Judge (Junior Division), Kushinagar 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 to consider and decide the 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 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 :- 12.8.2025 S. Singh (Manish Kumar Nigam, J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad