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2025 DAILYLAW 143692 (ALL)

CHANDRAVATI AND ANOTHER v. CIVIL JUDGE J.D. HAVELI FAIZABAD AND 2 OTHERS

A227/3652/2025 · 2025-06-06

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34867 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3652 of 2025 Petitioner :- Chandravati And Another Respondent :- Civil Judge J.D. Haveli Faizabad And 2 Others Counsel for Petitioner :- Shobh Nath Pandey Hon'ble Manjive Shukla,J. 1. Heard learned counsel appearing for the petitioners. 2. In view of the order proposed, notice to Respondents No. 2 & 3 is hereby dispensed with. 3. The instant petition has been filed under Article 227 of the Constitution of India inter alia praying therein for the following reliefs: "Wherefore, it is most respectfully prayed that this Hon'ble court may graciously be pleased to:- (i) Direct the Opposite Party No.1 to decide the Temporary Injunction Application under order 39 rule 1 & 2 C.P.C. of regular suit bearing number 221/2020, 'Chandravati & others vs Shrimati Genda & others' pending before the Opposite Party No.1, expeditiously within time stipulated by this Hon'ble High Court. (ii) Direct the opposite party no. 2 & 3 not to encroach, interfere, nuisance or cause any damage to the petitioners on his peaceful enjoyment of the land during the pendency of Temporary Injunction Application under order 39 rule 1 & 2 of C.P.C. (iii) Issue any other suitable order or direction as the Hon'ble Court may deem just and proper in the circumstances of the case. (iv) To allow the petition with costs throughout." 4. Learned counsel appearing for the petitioners has submitted that the petitioners have filed a civil suit i.e. Regular Suit No. 221 of 2020 (Chandravati & others vs Shrimati Genda & others) in the court of the learned Civil Judge (Junior Division) Havali, Faizabad in the year 2020 along with an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure seeking interim injunction. It has further been submitted that the aforesaid application for interim injunction is pending before the trial court since the year 2020. 4. Learned counsel appearing for the petitioner has argued that there is urgency in the matter therefore, it is in the interest of justice that the application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure be decided at the earliest. 5. I have considered the arguments advanced by the learned counsel appearing for the petitioner and I find that the application filed by the petitioner, under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure in Regular Suit No. 221 of 2020 (Chandravati & others vs Shrimati Genda & others), is pending since the year 2020. 6. In view of the aforesaid reasons, this writ petition is disposed of with a direction to the learned Civil Judge (Junior Division) Havali, Faizabad to hear and decide the application filed under under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure filed in Regular Suit No. 221 of 2020 (Chandravati & others vs Shrimati Genda & others) expeditiously, preferably within a period of four months from the date of presentation of certified copy of this order. Order Date :- 6.6.2025 A. Mandhani Digitally signed by :- ABHISHEK MANDHANI High Court of Judicature at Allahabad, Lucknow Bench