Rakesh Kumar Nishad vs Smt. Maya Devi And 2 Others
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Allahabad High Court

Rakesh Kumar Nishad vs Smt. Maya Devi And 2 Others on 30 July, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:126237
 
Court No. - 9
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8033 of 2025
 

 
Petitioner :- Rakesh Kumar Nishad
 
Respondent :- Smt. Maya Devi And 2 Others
 
Counsel for Petitioner :- Dileep Kumar Srivastava
 

 
Hon'ble Manish Kumar Nigam,J.
 

1. Heard learned counsel for the parties and perused the record.

2. The instant writ petition has been filed for following relief:

"(i) Direct to the Court of Civil Judge (J.D.), Basti to consider and decide the application 6C2 as well as Original Suit No. 936 of 2022 (Rakesh Kumar Nishad Vs. Smt. Maya Devi and others), under section 31/38 Specific Relief Act, pending before the Court of Civil Judge (J.D.), Basti since 16.08.2022.

(ii) Direct the respondent concerned not to interfere in peaceful use and possession for facilitating the agriculture over the land in question during the pendency of the said Suit."

3. Contention of the learned counsel for the petitioner is that the suit is pending since 2022. He prayed that the same may be decided, expeditiously.

4. Prayer made in the writ petition can not be granted to the petitioner in view of the judgment passed by the Division Bench of this Court in Ali Shad Usmani v. Ali Isteba; 2015 (2) ADJ 250 (DB).

5. It has been further contended by learned counsel for the petitioner that an application for interim injunction (paper No. 6C2) is pending consideration.

6. No useful purpose would be served in keeping this petition pending.

7. Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (J.D.), Basti to consider and decide the interim injunction application (paper No. 6C2) of the petitioner, 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 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.

Order Date :- 30.7.2025

S. Singh

(Manish Kumar Nigam, J.)