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2025 DAILYLAW 83756 (ALL)

BAL MUKUND LAL ESTATE TRUST v. MAHESH KUMAR AGARWAL

A227/8622/2025 · 2025-08-12

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:137632 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8622 of 2025 Petitioner :- Bal Mukund Lal Estate Trust Respondent :- Mahesh Kumar Agarwal Counsel for Petitioner :- Abhishek Misra Hon'ble Manish Kumar Nigam,J. 1. Learned counsel for the petitioner is permitted to amend the prayer clause during course of the day. 2. Heard learned counsel for the petitioner and perused the record. 3. The instant writ petition has been filed for following relief: "Direct the Judge Small Causes Court/ Civil Judge, Senior Division, Gorakhpur to decide the Application 28 Ga filed in Suit No. 11 of 2024 pending before Judge Small Causes Court within a time bound period." 4. Contention of the learned counsel for the petitioner is that the aforesaid application (Application 28Ga) is pending since 2024 and the same has not been decided despite several dates have been fixed. He prayed that the same may be decided, expeditiously. 5. In view of above, no useful purpose would be served in keeping this petition pending. 6. Accordingly, the present petition stands disposed of finally with a direction to the Judge Small Causes Court/ Civil Judge, Senior Division, Gorakhpur to consider and decide the interim injunction application (application 28Ga), 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 :- 13.8.2025 Ved Prakash (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad