DHEERAJ KUMAR v. RAJENDRA KUMAR GOYAL AND 5 OTHERS
A227/11214/2025 · 2025-09-16
Manish Kumar Nigam
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 97997 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 97997 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11214 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 :-
"Issue an appropriate direction commanding the court of Additional Civil Judge (Senior Division), Court no.10 Ghaziabad to decide the application filed in Original suit no.37 of 2024, dated 06.08.2025 preferably on the next fixed or in the alternative may decide 6C application under Order 39 Rule 1 and 2 CPC read with 151 CPC and further direct that parties in suit should not raise any constructions over the suit property or create any third party rights till the decision of the same."
3. Contention of learned counsel for the petitioner is that petitioner filed suit for permanent injunction along with an application under Order 39 Rule 1 and 2 CPC. The said application was not decided, therefore, petitioner approached this Court by filing petition under Article 227 No. 3207of 2025. The said petition was disposed of vide order dated 4.4.2025 directing the Trial Court to decide the interim application within a period of two months. It has been further contended by learned counsel for the petitioner that after the order, the property was sold by the defendants to the third party, who have been impleaded and the necessary amendment in this regard has been allowed by the Court below. When the newly added respondent started taking possession of the land in dispute, petitioner moved an application on 6.8.2025 praying that respondents be restrained from raising construction. The said application is still pending. Versus Counsel for Petitioner(s) : Dhananjai Rai, Vibhu Rai Counsel for Respondent(s) :
Dheeraj Kumar .....Petitioner(s) Rajendra Kumar Goyal And 5 Others .....Respondent(s)
Neither the injunction application nor the application dated 6.8.2025 has been decided. 4. In view of the same, the writ petition stands disposed of with direction to the concerned Trial Court to decide the application dated 6.8.2025 along with application for interim relief filed by the petitioner, in accordance with law, expeditiously, preferably, within a period of four weeks from the date of production of a certified copy of this order after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. 5.
Till disposal of the application, parties are directed to maintain status quo. It is further provided that petitioner will co-operate in disposal of the application and will not seek unnecessary adjournments to linger on the proceedings. 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 17, 2025 Rishabh A227 No. 11214 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad