Smt. Urmila Devi vs Gurmeet Singh And 3 Others
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Allahabad High Court

Smt. Urmila Devi vs Gurmeet Singh And 3 Others on 5 November, 2024

Author: Rohit Ranjan Agarwal

Bench: Rohit Ranjan Agarwal

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:172854
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 13796 of 2024
 

 
Petitioner :- Smt. Urmila Devi
 
Respondent :- Gurmeet Singh And 3 Others
 
Counsel for Petitioner :- Ram Prakash Vishwakarma,Sunil Srivastava
 

 
Hon'ble Rohit Ranjan Agarwal,J.
 

1. This writ petition has been filed with the following prayers;

"(i) Issue an order, direction and directing the learned Additional Civil Judge (Sr. Division)-III, Saharanpur to decide the interim injunction application (6C2) dated 14.05.2015 filed in Case No. 123 of 2015 (Smt. Urmila Devi vs. Gurmeet Singh & others), which is pending before Additional Civil Judge (Sr. Division)-III, Saharanpur within some stipulated period expeditiously.

(ii) Issue an order, direction and directing the learned Additional Civil Judge (Sr. Division)-III, Saharanpur to decide the suit for cancellation of sale deed bearing Case No. 123 of 2015 (Smt. Urmila Devi vs. Gurmeet Singh & others), which is pending before Additional Civil Judge (Sr. Division) III, Saharanpur within some stipulated period expeditiously."

2. From perusal of the prayers made in writ petition, the second prayer seeking direction to decide the suit cannot be granted by this Court in view of judgment of Division Bench of this Court rendered in case of Ali Shad Usmani vs. Ali Isteba, 2015 (2) ADJ 250 (DB). However, as temporary injunction application 6C2 is pending consideration, Additional Civil Judge (Senior Division)-III, Saharanpur is directed to decide the said application (6C2) filed in Suit No. 123 of 2015, 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.

3. With the aforesaid directions, writ petition stands disposed off.

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

Order Date :- 5.11.2024

Shekhar