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2025 DAILYLAW 99550 (ALL)

PANNALAL v. SMT. KAVITA AND 3 OTHERS

A227/11519/2025 · 2025-09-22

Manish Kumar Nigam

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11519 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 :- "1. To set aside the impugned order dated 06/09/2025 on the temporary injunction application in civil suit no. 1934/2025 (Pannalal vs. Smt Kavita and Others) passed by Additional Civil Judge (Senior Division Court No. 1 Kanpur Nagar) to the extent the trial court has refused to grant the ex-parte injunction holding that there is no ground without hearing the defendants/respondents and issued notices to the defendants/respondents fixing 04/10/2025 for objection/disposal of the application (6 C-2) filed Under Order 39 Rule 1 And 2 Read With Section 151 С.Р.С. ii. To restrain the defendants/respondents including their agents, relatives, friends, or any person claiming through them from forcibly entering, occupying, or ejecting the Plaintiff from the property bearing House No. 446, Safipur, First Thana, Chakeri, Kanpur Nagar and also to restrain the defendants/respondents not to make any construction over the disputed property. iii. To direct the trial court to decide the temporary injunction application (6 C-2) within a reasonable time filed in civil suit no. 1934/2025 (Pannalal vs. Smt Kavita and others)." 3. Learned counsel for the petitioner submitted that application for temporary injunction (6C-2) is pending consideration and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously. Versus Counsel for Petitioner(s) : Anand Kumar Singh, Ashok Kumar Upadhyay Counsel for Respondent(s) : Pannalal .....Petitioner(s) Smt. Kavita And 3 Others .....Respondent(s) 4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending. 5. In view of the above, this writ petition stands disposed of with a direction to the Civil Judge (Senior Division), Court No.1, Kanpur Nagar to decide the above-mentioned application, in accordance with law, expeditiously, preferably within twelve weeks from the date of production of a certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. September 23, 2025 Rishabh A227 No. 11519 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad