MOHAMMAD ASHRAF AND ANOTHER v. MOHAMMAD HUZAIFA KHAN
A227/11461/2025 · 2025-09-21
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99566 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99566 (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. - 11461 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:
"(1) Issue a direction to learned court of Civil Judge (Senior Division), Aligarh, to expeditiously conclude the interim application bearing no. 7 C, filed by the petitioner/plaintiff, under Order 39 Rule 1 & 2 of the C.P.C, in the Civil Suit No. 31 of 2025 (Mohammad Ashraf & Another Vs. Mohammad Huzaifa Khan), in accordance with law, within the stipulated time, as may be filed by this Hon'ble Court."
3. Contention of the learned counsel for the petitioners is that an application for interim injunction under Order XXXIX Rule 1 & 2 of C.P.C. (7C Application) is pending consideration 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 (Senior Division), Aligarh, to consider and decide the aforementioned interim injunction application (7C 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 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. Versus Counsel for Petitioner(s) : Saumya Mishra, Tejasvi Misra Counsel for Respondent(s) :
(Manish Kumar Nigam,J.) Mohammad Ashraf And Another .....Petitioner(s) Mohammad Huzaifa Khan .....Respondent(s) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad