Neutral Citation No. - 2025:AHC-LKO:10248 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 815 of 2025 Petitioner :- Santosh Kumar And Another Respondent :- Sanjay Kumar And 5 Others Counsel for Petitioner :- Pankaj Nath,Mamta Kanojia Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioners. 2. The present petition has been filed challenging the order dated 15.01.2025, whereby an ex parte injunction was granted without compliance of Order 39, Rule 3 of the CPC and without recording the necessity for grant of the said order. 3. The suit in question, in which the injunction was granted reveals that a partition suit is also pending between the parties and instead of obtaining injunction in the said suit, a fresh suit was filed, which is prima facie barred. 4. It is argued by learned counsel for the petitioner that the application has been filed for vacation of the ex parte interim order, which is pending. 5. In view of the said statement and prima facie finding that the second suit was not maintainable, the present petition is disposed of directing the trial court to decide the stay vacation application within a period of three weeks from today. 6. Till the decision of the stay vacation application, the order dated 15.01.2025 shall not be given effect. Order Date :- 17.2.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench