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2025 DAILYLAW 86259 (ALL)

SMT. SHEELA v. AMAN AGARWAL AND 2 OTHERS

A227/9215/2025 · 2025-08-18

Manish Kumar Nigam

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140985 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 9215 of 2025 Petitioner :- Smt. Sheela Respondent :- Aman Agarwal And 2 Others Counsel for Petitioner :- Vijay Pratap Singh 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 reliefs: " i. Issue necessary direction to the trial court i.e. Civil Judge (Senior Division), Gautam Budh Nagar for expedite disposal of the Application Paper No.6C/2 under Order 39 Rule 1 and 2 readwith section 151 of C.P.C. dated 6.1.2025 filed by the plaintiff-petitioner in Suit No.26 of 2025 (Smt. Sheela Vs. Aman Agarwal and others) in respect of the property in question duly known as Plot No.159, Khasra No.264, Area 85 Sq. Yd. (71.06 Sq. Mtrs), situated at Village Jalpura, Pargana and Tehsil Dadri, District Gautam Budh Nagar within a sipulated period as granted by this Hon'ble Court. ii. Issue a necessary direction to maintain the status quo by the parties of lis in the present Suit No.26 of 2025 (Smt. Sheela Vs. Aman Agarwal and others) in respect of the property in question duly known as Plot No.159, Khasra No.264, Area 85 Sq. Yd. (71.06 Sq. Mtrs), situated at Village Jalpura, Pargana and Tehsil Dadri, District Gautam Budh Nagar." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 and 2 of C.P.C. (6C Application) is pending since 06.01.2025 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 (Senior Division), Gautam Budh Nagar to consider and decide the aforementioned 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 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. Order Date :- 19.8.2025 Nitika Sri. Order Date :- 19.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad