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2025 DAILYLAW 92174 (ALL)

DEVI RAJBHAR v. KUSHUM RAI AND 7 OTHERS

A227/10490/2025 · 2025-09-03

Manish Kumar Nigam

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10490 of 2025 Court No. - 9 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: "(1) Issue suitable direction directing the court of Civil Judge, Junior Division, Saidpur, District Ghazipur to decide the O.S. (Original Suit) No.365 of 2024 Devi Rajbhar vs. Kushum Rai & others) pending in the Court of Civil Judge, Junior Division, Saidpur, District Ghazipur, expeditiously with in short stipulated as prescribed by this Hon'ble Court. (ii) Issue suitable direction and directing the revenue authority not done partition till the final decision of 6C appellation in O.S. (Original Suit) No.365 of 2024 Devi Rajbhar vs. Kushum Rai & others) pending in the Court of Civil Judge, Junior Division, Saidpur, District Ghazipur." 3. Contention of the learned counsel for the petitioner is that an application for interim injunction (6C Application) 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. Versus Counsel for Petitioner(s) : Girja Shanker Mishra, Iftekhar Ahmad, Pratiksha Rai Counsel for Respondent(s) : Devi Rajbhar .....Petitioner(s) Kushum Rai And 7 Others .....Respondent(s) 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, Saidpur, District Ghazipur 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. September 4, 2025 S. Singh A227 No. 10490 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad