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2025 DAILYLAW 94350 (ALL)

SMT. KOSHAL RANI v. NAGAR PANCHAYAT, JHINJHANA AND ANOTHER

A227/10889/2025 · 2025-09-11

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. - 10889 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed seeking following relief :- "(i) to set-aside the impugned judgment / order dated 02.07.2025 passed by the Civil Judge (Sr. Div.), Shamli, in Original Suit No. 125 of 2025 (Smt. Koshal Rani Vs. Nagar Panchayat, Jhinjhana and Another), to the extent it rejects the prayer for grant of ad interim injunction during the pendency of application for grant interim injunction i.e. Paper No.6-C filed in Original Suit No. 125 of 2025 (Smt. Koshal Rani Vs. Nagar Panchayat, Jhinjhana and another). (ii) To direct the parties to maintain "status quo", regarding the nature and possession of the property in dispute and furthermore not to create third party rights in relation to the property in question, during the pendency of interim injunction application filed under Order XXXIX Rule 1 & 2 C.P.C i.e. Paper NO. 6-C, in Original Suit No. 125 of 2025 (Smt. Koshal Rani Vs. Nagar Panchayat, Jhinjhana and another)." 3. Contention of learned counsel for the petitioner is that a suit for injunction was filed by the petitioner along with the application for interim injunction. The Trial Court has issued notices and has not granted ex parte temporary injunction. Immediately after filing of the suit on 3.7.2025, the defendants have demolished part of the shop in dispute. Petitioner, immediately, thereafter approached the Trial Court on 4.7.2025 Versus Counsel for Petitioner(s) : Abhishek Tiwari Counsel for Respondent(s) : Smt. Koshal Rani .....Petitioner(s) Nagar Panchayat, Jhinjhana And Another .....Respondent(s) by means of an application under Section 151 CPC. The said application is also pending has not been considered. 4. Since the application for interim injunction is pending, no useful purpose would be served in keeping this writ petition pending. 5 Accordingly, this writ petition stands disposed of with a direction to Civil Judge (Senior Division), District - Shamli to consider and decide the above-mentioned application for interim injunction, 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 of notice upon all the respondents and after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 6. Till disposal of the application for interim injunction, parties are directed to maintain status quo. It is further provided that petitioner will not seek undue adjournments to linger on the proceedings and in case, any effort is being made by the petitioner to linger on the proceedings, the interim order granted by this Court shall automatically be vacated. September 12, 2025 Rishabh A227 No. 10889 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad