GANESH PRASAD SHUKLA ALIAS BIHARI SHUKLA AND 2 OTHERS v. AVNISH KUMAR PANDEY AND 2 OTHERS
A227/11799/2025 · 2025-09-24
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 101419 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 101419 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 11799 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard Shri Amit Saxena, Senior Counsel assisted by Ms. Archi Agarwal, learned counsel for the petitioner and perused the record.
2. This petition has been filed against the order dated 30.08.2025 by which the trial court has granted ex-parte interim injunction against the defendants/petitioners.
3. Contention of the learned counsel for the petitioner is that the petitioners are sub contractors of the company (proforma respondent no.3) and they are installing the high tension electricity line over the land in dispute in the present suit which has been filed even without impleading the company(proforma respondent no. 3).
4. Since, against the order granting an ex-parte injunction, petitioners have remedy of filing appeal as well as application under Order 39 Rule 4 C.P.C., I am not inclined to interfere in the matter.
5. However, keeping in view of the urgency involved in the matter as stated by learned counsel for the petitioner, it is provided that the petitioner will file his objection under Order 39 Rule 4 C.P.C. within three days.
6. In case, such an objection is filed as directed above, the trial court will prepone the date fixed i.e. 10.10.2025 after notice to the plaintiff/respondent and their counsel and will consider and decide the Versus Counsel for Petitioner(s) : Varad Nath Counsel for Respondent(s) :
Ganesh Prasad Shukla Alias Bihari Shukla And 2 Others .....Petitioner(s) Avnish Kumar Pandey And 2 Others .....Respondent(s)
objection as well as application for interim injunction on the preponed date. If for some unavoidable reason, the same is not decided on the preponed date, the same shall be decided within next three days thereafter, in accordance with law, after providing opportunity of hearing to all the parties concerned.
7. With the aforesaid direction, this petition stands disposed of. September 25, 2025 Ved Prakash A227 No. 11799 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad