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2025 DAILYLAW 83575 (ALL)

AMBRISH AND ANOTHER v. STATE OF U.P. AND ANOTHER

A227/8618/2025 · 2025-08-05

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132894 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8618 of 2025 Petitioner :- Ambrish And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Kavindra Singh,Nipun Singh Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. This petition has been filed challenging the order dated 19.07.2025 passed by the trial court issuing notice to the defendants and without granting ex-parte injunction. 3. Contention of the learned counsel for the petitioner is that the petitioner is recorded as tenure holder of the land in dispute and the Gaon Sabha is interfering with the possession of the plaintiff/petitioner. It is further contended by learned counsel for the petitioner that service upon Gaon Sabha has been effected at the time of commission issued by the court. It is also submitted by that the application for exempting the notice contemplated under Section 80(2) C.P.C. was allowed by the court below and the matter has been taken to be urgent. Despite this fact, no interim protection has been granted. 4. Shri K. K. Mani, learned counsel for the appearing for Gaon Sabha submitted that no useful purpose would be served in entertaining this petition pending as the application for interim injunction is pending before the court below and it is also informed by him that the next date fixed is 19.08.2025. 5. Since, service upon Gaon Sabha is sufficient and Shri K. K. Mani also appeared before this Court on behalf of Gaon Sabha, it is expected that by the next date fixed, Gaon Sabha file objections to the interim injunction application. 6. The trial court i.e. Civil Judge, (S.D.), Muzaffarnagar, is directed to consider and decide the application for interim injunction in accordance with law, expeditiously, preferably within a period of six 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 that there is no other legal impediment. 7. Till disposal of the interim injunction application, the parties are directed to maintain status quo. 8. It is made clear that in case, an attempt is being made by the petitioner to linger on the disposal of interim injunction application, the interim protection granted by this Court, shall automatically be vacated. 9. With the aforesaid directions, this petition stands disposed of. Order Date :- 6.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad