DASHARATH LAL AND ANOTHER v. INDRAKUMAR MISHRA AND ANOTHER
A227/11393/2025 · 2025-09-18
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98337 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98337 (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. - 11393 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioners and perused the record.
2. The instant writ petition has been filed for following relief:
" I. Issue order or direction, directing to the court of Civil Judge (Junior Division), Kaushambi for deciding the temporary injunction application (6- C) filed in Civil Suit no, 448 of 2024, Dasharath Lal and another versus Indra Kumar Mishra and another, as early as possible within a month and till then, the Defendants/Opposite party no. 2 & 3 be restrained from changing the nature of disputed land by making construction."
3. Contention of the learned counsel for the petitioners is that an application for interim injunction under Order XXXIX Rule 1 of C.P.C. (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), Kaushambi to consider and decide the aforementioned 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 opposite parties, giving opportunity of hearing Versus Counsel for Petitioner(s) : Babu Ram Yadav, Salil Krishna Counsel for Respondent(s) :
Dasharath Lal And Another .....Petitioner(s) Indrakumar Mishra And Another .....Respondent(s)
to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment.
September 19, 2025 Nitika Sri. A227 No. 11393 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad