Shiv Chand vs Nand Lal And 3 Others
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Allahabad High Court

Shiv Chand vs Nand Lal And 3 Others on 4 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172319
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13772 of 2024
 

 
Petitioner :- Shiv Chand
 
Respondent :- Nand Lal And 3 Others
 
Counsel for Petitioner :- Anju Srivastava,Deep Chand Singh
 
Counsel for Respondent :- C.S.C.,Sudhir Bharti
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. This writ petition has been filed with the following prayer:-

"I. Issue an order or direction under the supervisory jurisdiction of Hon,ble High court pleased to direct the learned court i.e. Civil Judge (Junior Division) court no. 10 District Deoria to conclude and dispose off the 6C application (under order 39 Rule 1 of C.P.C. for interim injunction) in Suit no. 591 of 2018 (Shiv Chand Vs. Nand Lal & others) as well as Civil Suit also, within some stipulated period which this Hon,ble court may deem fit and proper."

2. The second prayer made in the writ petition for early disposal of Suit No. 591 of 2018 cannot be granted in view of judgment rendered by Division Bench of this Court in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB).

3. As far as prayer made for direction to decide 6-C application filed under Order 39 Rule 1 CPC for grant of interim injunction is concerned, this Court directs the court below to decide the temporary injunction application (6-C) filed in Suit No. 591 of 2018, in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order.

4. With the aforesaid directions, writ petition stands disposed of.

5. It is made clear that this Court has not adjudicated the matter on merits.

Order Date :- 4.11.2024

V.S.Singh