Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11476 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:
"(a) Direct the Civil Judge (Junior Division), District Gorakhpur to decide the interim injunction application of the petitioner which was numbered as Paper No. 8C under Order 39, Rule-1& 2 of C.P.C. pending in Original Case No. 770 of 2023 in between Smt. Sufiya Khatoon Versus Smt. Sobha Devi (Annexed as Annexure No.3 to the petition) and till the disposal of the application, respondent be restrained not to make any construction over the land in question and further not to interfere in the peaceful possession of the petitioner over the land in question. "
3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 & 2 of C.P.C. (8C Application) is pending since 2023 and the same has not been decided despite several dates have been fixed. He further submits that the defendant- respondents have appeared in the suit and have filed their objections.
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), District Gorakhpur to consider and decide the aforementioned interim injunction application (8C Application), in accordance with law, expeditiously, preferably within a Versus Counsel for Petitioner(s) : Amish Kumar Srivastava, Jeetendra Kesharwani Counsel for Respondent(s) :
Smt. Sufiya Khatoon .....Petitioner(s) Smt. Sobha Devi .....Respondent(s)
period of six 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.
September 22, 2025 Nitika Sri. A227 No. 11476 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad