Shyamdev vs Kamalesh And 2 Others
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Allahabad High Court

Shyamdev vs Kamalesh And 2 Others on 30 January, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD

Neutral Citation No. - 2026:AHC:20948

HIGH COURT OF JUDICATURE AT ALLAHABAD

MATTERS UNDER ARTICLE 227 No. - 1085 of 2026

Shyamdev

.....Petitioner(s)

Versus

Kamalesh And 2 Others

.....Respondent(s)

Counsel for Petitioner(s)

:

Kartikey Dubey, Man Mohan Mishra

Counsel for Respondent(s)

:

Court No. - 5

HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the petitioner and perused the record.

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

" A. "Issue a writ To direct the Civil Judge, (Junior Division), Bansgoan, Gorakhpur to decide the application 7C under order 39 Rule 1 & 2 of C.P.C. dated 10.02.2025 pending in the Civil Suit No. 191 of 2025 having CNR No. UPGK120004182025 (Kamlesh vs. Shyamdev) under Section 37 and 38 of Specific Relief Act for permanent injunction, within stipulated period.""

3. Contention of the learned counsel for the petitioner is that an application for interim injunction under Order XXXIX Rule 1 and 2 of C.P.C. (7C Application) is pending since 2025 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, (Junior Division), Bansgoan, Gorakhpur 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.

(Manish Kumar Nigam,J.)

January 30, 2026

Nitika Sri.