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2025 DAILYLAW 94811 (ALL)

SHIV KUMAR v. MOOL CHAND AND ANOTHER

A227/10851/2025 · 2025-09-10

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. - 10851 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: "(i) Issue an order or direction in an appropriate nature directing the Court below to decide the temporary injunction application exhibited as Paper No.6-C filed in the Original Suit No. 132 of 2024 (Shiv Kumar Vs. Mool Chand and another) pending in the Court of the learned Civil Judge (Junior Division), Court No.1, Saidpur, Ghazipur finally on day to day basis within stipulated period of time. (ii) Issue an order or direction in an appropriate nature directing the defendants/ respondents not to interfere in peaceful possession of the petitioner over the property in question and they may be directed not to raise any construction and not to transfer/sale the property in question to other person in any manner till disposal of the Original Suit No.132 of 2024 (Shiv Kumar Vs. Mool Chand and another) pending in the Court of the learned Civil Judge (Junior Division), Court No.1, Saidpur, Ghazipur finally in any manner." 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. 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), Court No.1, Saidpur, 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 Versus Counsel for Petitioner(s) : Ramashray Tripathi Counsel for Respondent(s) : Shiv Kumar .....Petitioner(s) Mool Chand And Another .....Respondent(s) 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 11, 2025 S. Singh A227 No. 10851 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad