MOHD. HASAN AND ANOTHER v. MALTI DEVI AND 6 OTHERS
A227/1077/2025 · 2025-02-28
Pankaj Bhatia
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 125992 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125992 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12126 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 1077 of 2025 Petitioner :- Mohd. Hasan And Another Respondent :- Malti Devi And 6 Others Counsel for Petitioner :- Dhananjai Kumar Tripathi,Kajol Hon'ble Pankaj Bhatia,J.
1. Present petition has been filed with the following prayer:
"(i) To set aside the impugned order dated 10.02.2025, passed by learned Civil Judge (Senior Division) Shrawasti, in Original Suit No-67/2025, Mohd. Hasan & Others Versus Malti Devi & Others, to the extent of not granting any interim order upon application Under 39 Rule 1 and 2 of C.P.C. bearing C-6 dated 10.02.2025, Contained as Annexure No-1 to this petition, in the interest of justice. (ii) Direct the learned Civil Judge (Senior Division) Shrawasti, to pass appropriate order upon application Under 39 Rule 1 and 2 of C.P.C, bearing C-6 dated 10.02.2025 in Original Suit No-67/2025, Mohd. Hasan & Others Versus Malti Devi & Others, in the interest of justice."
2. Contention of learned counsel for the petitioners is that despite the fact that the injunction application was proposed to be decided on various dates, as there was a Bar Association call of strike, the said could not be decided. 3. Considering the said submission, Civil Judge, (Senior Division), Shrawasti is directed to decide the injunction application positively on the next date of listing. 4. In case the lawyer does not appear, the Court concerned shall hear the parties in person and shall pass order on the injunction application. 5. It is informed that the strike is continuing since 25.02.2025. In view thereof, let notices be served on the President and the Secretary of the Bar Association, District Shrawasti to submit their explanation as to why contempt proceedings may not be initiated, in view of the directions given by the Hon'ble Supreme Court in Petition(s) for Special Leave to Appeal (C) No(s).19804-19805 of 2024 (Faizabad Bar Association v. Bar Council of Uttar Pradesh & Ors.) dated 20.12.2024. 6. Senior Registrar of this Court shall send a copy of this order
to the President and the Secretary, Bar Association, District Shrawasti through District Judge, Shrawasti. 7. The explanation offered by the President and the Secretary shall be placed before the appropriate Court for initiation of contempt proceedings for violating the directions given by the Hon'ble Supreme Court. 8.
The petition stands disposed off insofar as it relates to the petitioners. 9. With regard to the other directions, the Senior Registrar shall ensure compliance in accordance with law. Order Date :- 28.2.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench