Naghma Bi @ Guddi and Another Vs Shamim Bano and 3 Others

Court No. - 37

Case :- MATTERS UNDER ARTICLE 227 No. - 1286 of 2023

Petitioner :- Naghma Bi @ Guddi And Another Respondent :- Shamim Bano And 3 Others Counsel for Petitioner :- Bashir Ahmad Khan

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Hon'ble Manish Kumar Nigam,J.

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The prayer made in this petition is for issuance of direction to the Civil Judge (Senior Division), Shahjahanpur to decide the stay application (paper No.6C) filed by the plaintiff in Original Suit No.311 of 2021, Smt. Samim Bano and another vs. Nagma Bi and others.

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It has been stated by learned counsel for the petitioner that vide order dated 26.7.2021, learned Civil Judge (Senior Division), Shahjahanpur has granted ex parte injunction directing the parties to maintain status quo . It has been further contended that the defendant-petitioner has appeared in the trial and has also filed his written statement but the application for interim injunction is still pending.

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In view of the fact that the parties have appeared and the application for interim injunction is still pending, in the interest of justice, the Civil Judge (Senior Division) is directed to make all endeavours to consider and decide the aforesaid application, in accordance with law, expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order be produced before the concerned trial Court 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.

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With the aforesaid directions, the petition stands disposed of .

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Order Date :- 16.2.2023 Rishabh

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[Manish Kumar Nigam, J.]

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Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad

Naghma Bi @ Guddi and Another v. Shamim Bano and 3 Others

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Naghma Bi @ Guddi and Another v. Shamim Bano and 3 Others

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