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Mohammad Saleem Shahzad v. Punit Kumar Gupta

Case at a glance

Outcome

Disposed of

In view of the above, this writ petition stands disposed of with a

Provisions considered

Key paragraphs

  • Para 55. In view of the above, this writ petition stands disposed of with a direction to the U.P. Waqf Tribunal Lucknow to decide the above- law, expeditiously, mentioned application, preferably within twelve weeks from the date of production of a in accordance with 2 WRIC…

Judgment

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

#2. This writ petition has been filed seeking following relief :- "Issue an order or direction to the parties of the suit to maintain "status quo" and don't take possession of Arazi No. 209 & 210 situated at Mauza Ramapura, District- Varanasi by forcefully or without due process of Law till the disposal of the interim application under order 39 rule 1 & 2 CPC (paper 6C) in Original Suit no. 125 of 2025 (Mohammad Saleem Shahzad V/S Abhishek Khanna & Others). Issue an order or direction to the U.P. Waqf Tribunal Lucknow to consider and decide Interim Application under order 39 rule 1 & 2 CPC (Paper 6C) in Original Suit no. 125 of 2025 (Mohammad Saleem Shahzad V/S Abishekh Khanna & Others) filed by plaintiff/petitioner expeditiously within a specified time as this court may fix."

#3. Learned counsel for the petitioner submitted that the above- mentioned application (paper No.6C) is pending consideration and the same has not been decided till date. Learned counsel prayed that the same may be decided, expeditiously.

#4. Since the above-mentioned application is pending, no useful purpose would be served in keeping this petition pending.

#5. In view of the above, this writ petition stands disposed of with a direction to the U.P. Waqf Tribunal Lucknow to decide the above- law, expeditiously, mentioned application, preferably within twelve weeks from the date of production of a in accordance with 2 WRIC No. 34129 of 2025 certified copy of this order, after ensuring service of notice upon all the respondents and providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. September 25, 2025 Rishabh (Manish Kumar Nigam,J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In view of the above, this writ petition stands disposed of with a

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908 — O. 39 rr. 1, 2.

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