Neutral Citation No. - 2025:AHC-LKO:12774 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 770 of 2025 Petitioner :- Surya Bhan Pandey Respondent :- Civil Judge (J.D.) Musafirkhana,Sultanpur And 2 Others Counsel for Petitioner :- Ashutosh Srivastava,M.K. Dixit Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. Present petition has been filed with the following prayer: "I. An order or direction commanding the respondent no.1, to consider the commission report as well as pleadings on record and decide the petitioner's temporary injunction application 4 Ga 2, filed under Order 39 Rule 1 & 2 of C.P.C. in Original Suit No.353/2023, Surya Bhan Pandey Versus Babulal Pandey & Another, pending in the Court of Civil Judge (J.D.) Musafirkhana, Sultanpur within stipulated period as fixed by this Hon'ble Court, in the interest of justice." 3. Contention of learned counsel for the petitioner is that despite specific order passed by this Court on 24.01.2024, the injunction application has not yet been disposed off. 4. In terms of the said contentions, a report was called vide order dated 14.02.2025. The report has been received and is on record wherein it is indicated that as Defendant No.1 did not appear, the injunction application could not be disposed off. 5. In view of the said report, it is not clear as to why the injunction application cannot be disposed of if the petitioner is able to make out a case for ex-parte injunction in terms of the mandate of Order 39 Rule 1 & 2 of CPC. 6. Irrespective of the presence of Defendant No.1, the Court concerned is directed to decide the injunction application filed in the aforesaid suit on merits, preferably within a period of four weeks from the date of production of a certified copy of this order. 7. It is made clear that the petitioner has not concealed the material facts as the entire order-sheet was filed and is available on record. 8. District Judge, Sultanpur is directed to transmit the record of the concerned case to another Court who will comply with the present order within the time as granted. 9. Present petition stands disposed off in above terms. Order Date :- 4.3.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench