Citation : 2025 Latest Caselaw 2800 ALL
Judgement Date : 31 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:127582 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 8152 of 2025 Petitioner :- Kishan Chand And 8 Others Respondent :- Satwant Singh And 53 Others Counsel for Petitioner :- Manu Saxena,Radhamani Saxena 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:
"A. to restrain the respondents from alienating the suit property or to create any 3rd party right over the suit property or changing its nature and to not to disturb the possession of the plaintiffs in any manner whatsover, with respect to the suit property Khasra No.81-M, situated at Village Namoli, Pargana and Tehsil Dadri, District Gautam Budh Nagar, during pendency of the suit no.902 of 2025.
B. to direct the Civil Judge (Senior Division), Gautam Budh Nagar to decide the injunction application (Annexure-2) filed by the plaintiffs-petitioners in O.S. No.902 of 2025, within time specified by this Hon'ble Court."
3. Contention of the learned counsel for the petitioners is that the aforesaid suit is pending since 2025. 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 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 (Senior Division), Gautam Budh Nagar to consider and decide the interim injunction application 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 :- 31.7.2025/Ved Prakash
(Manish Kumar Nigam,J.)
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