Neutral Citation No. - 2025:AHC-LKO:41053 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 2630 of 2025 Petitioner :- Trilok Chandra Sharma And 4 Others Respondent :- Civil Judge North (J.D.) Lko. And Another Counsel for Petitioner :- Lokendra Kumar Gupta,Mirza Humayun Qadar,Sayyead Abid Hussain Counsel for Respondent :- Som Nath Pandey Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner, Sri Som Nath Pandey who appears for the respondent no.2 and Sri Gaurav Mehrotra, who appears for the High Court. 2. The present petition has been filed by the petitioner challenging the order dated 26.07.2024. The writ petition was directly against the said order before this court alleging that an application C-6 was filed, which was disposed off on 30.05.2024 and without there being any challenge to the said order, an application was filed under section 151 CPC without even serving a copy and on the said, a fresh order came to be passed on 26.07.2024, which was handwritten in which, the prima-facie case, balance of convenience and irreparable hardship were reassessed and an injunction order was passed. 3. This Court was unhappy with the decision making process, as such, an order came to be passed on 08.05.2025, which is quoted herein below : "1. Heard learned counsel for the petitioner. 2. The present petition has been filed by the petitioner alleging that the plaintiff had filed a Suit No.614 of 2024, in which an application C-6 was also filed seeking injunction. The application was dismissed vide order dated 30.05.2024. Without there being any challenge to the said order, the plaintiff moved an application under Section 151 CPC and without serving a copy of the said application on the defendant and without there being any specific date fixed for hearing and without hearing the petitioner, an order came to be passed on 26.07.2024. 3. Prima facie, the order dated 26.07.2024, which is impugned does not even indicate that the defendant was heard and no reason has been recorded as to why the defendant was not heard. Prima facie, the manner of exercise of powers does not appear to be correct while deciding the application under Section 151 of the CPC, the injunction application has been re-decided. 4. In view thereof, the District Judge, Lucknow is directed to send a report after perusing the file as to the manner in which, the order dated 26.07.2024 came to be passed without even serving a copy of the application on the defendant and without affording any opportunity of the hearing. The District Judge would be entitled to take the comment of the Civil Judge concerned. 5. The report shall be sent to this Court within three days. 6. Put up this matter in the list of fresh cases on 15th May, 2025. 7. The Senior Registrar is directed to send a copy of this order to the District Judge, Lucknow for compliance forthwith." Subsequently, a report was furnished along with the original record, which was also found to be unsatisfactory, which led to passing an order dated 22.05.2025. 4. In pursuance to the directions contained in the order dated 22.05.2025, a report has been placed on record along with the submissions of the officers concerned. 5. Sri Gaurav Mehrotra, Advocate appears on behalf of the High Court tenders unconditional apology on behalf of the officers concerned. The explanation of the officers are already on record. 6. Considering the manner in which the subsequent order dated 26.07.2024 was passed, the same cannot be said to be an order in accordance with law, as such, the order dated 26.07.2024 is set aside. Even the report submitted by Mrs. Richa Kesarwani, cannot be appreciated. 7. The explanation offered is accepted with a caution to the officers concerned, to be cautious in future. This shall not be deemed as any stricture by this court and are only to ensure that this kind of error do not happen in future. 8. The writ petition stands allowed. 9. The respondents however would be entitled to take such steps as may be advised against the order dated 30.05.2024 in accordance with law. The District Judge is directed to transfer the Civil Suit No.614 of 2024 to any other Court of competent jurisdiction other than Mrs. Richa Keserwani or Mrs. Anjali Pandey. 10. The original record shall be returned to the trial court concerned by the Senior Registrar of this Court for proceeding with the suit in accordance with law. Order Date :- 17.7.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench