Citation : 2026 Latest Caselaw 384 ALL
Judgement Date : 13 March, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2026:AHC:51343
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3157 of 2026
Santosh Yadav
.....Petitioner(s)
Versus
Munni Lal And 5 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Mohit Verma
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. This writ petition has been filed for the following relief:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Civil Judge (Junior Division) Court No. 20, Azamgarh to decide the Miscellaneous Application (Paper No. 91 ga) dated 05.02.26 as well as directing the parties not to change the nature of land till the pendency of suit otherwise the petitioner shall suffer irreparable loss and injury."
3. Contention of learned counsel for the petitioner is that an application dated 05.02.2026 has been moved by the petitioner seeking injunction. In the application itself, it has been stated by the petitioner who is plaintiff in the suit that the respondents are raising constructions. Though the application was filed on 05.02.2026, till now, no orders have been passed. It has been further contended that the opposite parties have appeared before the court below.
4. Since the injunction application is still pending, no useful purpose would be served in keeping this petition pending.
5. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, the present petition stands disposed of finally with a direction to Civil Judge (Junior Division) Court No. 20, Azamgarh to consider and decide the aforementioned injunction application filed by the petitioner, in accordance with law, expeditiously, preferably within a period of four 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.
6. It is further provided that till the disposal of the injunction application, the parties are directed to maintain status quo and the petitioner will cooperate in disposal of the injunction application and will not seek any undue adjournment to linger on the proceedings.
7. It is made clear that in case, an attempt is being made by the petitioner to linger on the proceedings of injunction application, the interim protection granted by this Court, shall automatically be vacated.
(Manish Kumar Nigam,J.)
March 13, 2026
Ved Prakash
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