Neutral Citation No. - 2025:AHC-LKO:13425 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1090 of 2025 Petitioner :- Vijay Kumar And 3 Others Respondent :- Dhanlal And 2 Others Counsel for Petitioner :- Vivek Kumar Verma,Shalini Gupta Counsel for Respondent :- Vinod Kumar Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the petitioner as well as Sri Vinod Kumar, learned Counsel for the opposite party no.1. 2. The present petition has been filed challenging an order dated 07.01.2025, whereby, the appellate court has set aside the order passed by the Civil Court in exercise of powers under Order 43 Rule 1 of C.P.C. 3. The facts in brief are that the opposite party instituted a Suit No.180 of 1997 making a prayer that the sale deed executed by the petitioner claiming succession on the property in favour of the other respondents be declared null and void. During the pendency of the suit, an application no.8 C-2 was filed seeking injunction to the effect that during the pendency of the suit, the status quo should not be disturbed. The civil court based upon the said application granted ex-parte temporary injunction directing the parties to maintain status quo. 4. It also appears that the said temporary injunction was not extended from time to time and ultimately an application was filed seeking extension of the temporary injunction granted earlier, which was numbered as 173-Ga. To the said application, objections were filed by the petitioner, which was numbered as Application 178-Ga2. The trial court accepted the application filed by the petitioner and rejected the temporary injunction vide order dated 02.02.2024 mainly on the ground that there was no relief for permanent injunction as such the temporary injunction could not have been granted. The said order dated 02.02.2024 was challenged by the plaintiff to the suit by filing a miscellaneous appeal. 5. The appellate court while allowing the miscellaneous appeal, it was held that the temporary injunction ought to have been extended. No finding was recorded with regard to the merits of the order dated 02.02.2024, whereby the temporary injunction was rejected on the ground that no permanent injunction have been prayed for. In the absence of any finding contrary to the reasoning contained in the order dated 02.02.2024, the appellate order dated 07.01.2025 cannot be sustained and is quashed. The writ petition is allowed in part. 6. As the suit is of the year 1997, a direction is issued to the trial court to decide the suit with all expedition preferably within a period of one year from the date of production of a certified copy of this order. However, no third party right shall be created till decision of the suit. Order Date :- 5.3.2025 akverma Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench