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2025 DAILYLAW 93994 (ALL)

RAHMAT ALI KHAN v. MUZZAFFAR HUSIAN AND ANOTHER

A227/10741/2025 · 2025-09-09

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. - 10741 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned Counsel for the parties and perused the record. 2. The present petition has been filed for the following relief : "(a). issue a order, setting aside the impugned order dated 30.08.2025 passed by Civil Judge (S.D.) Kasganj in O.S. No. 77 of 2025 (Rahmat Ali Khan Vs. Muzaffar Husain and others (contained as Annexure No.1 to this petition). (b) issue direction, directing the defendant/respondents not to interfere in the peaceful business of brick kiln of the petitioner upon the land in dispute in any manner, during pendency of civil suit." 3. Contention of the learned counsel for the petitioner is that ex parte interim injunction was granted by the trial court by order dated 20.05.2025. The defendant respondents filed objections and the same has been allowed and the order dated 20.05.2025 was set aside and the application for interim injunction has not been decided finally and is kept pending by the order impugned. 4. Since, the application for interim injunction is pending, no useful purpose would be served in keeping this petition pending. 5. The present petition is disposed of with a direction to concerned trial court to decide the interim injunction application, in accordance with law, within a period of six weeks from the date of production of certified copy of Versus Counsel for Petitioner(s) : Ram Bachan Yadav, Sheo Prasad Yadav Counsel for Respondent(s) : Rahmat Ali Khan .....Petitioner(s) Muzzaffar Husian And Another .....Respondent(s) this order. 6. It is further provided that till the disposal of the interim injunction application, parties are directed to maintain status quo and the petitioner will cooperate in disposal of the interim injunction application and will not seek any undue adjournment to linger on the proceedings. 7. 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. September 10, 2025 Priya A227 No. 10741 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad