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2025 DAILYLAW 144036 (ALL)

DR. SNEH LATA SINGH v. THE COURT OF CIVIL JUDGE S.D. COURT NO. 42 LKO AND 2 OTHERS

A227/3707/2025 · 2025-06-06

Manjive Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34810 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3707 of 2025 Petitioner :- Dr. Sneh Lata Singh Respondent :- The Court Of Civil Judge S.D. Court No. 42 Lko And 2 Others Counsel for Petitioner :- Prashant Singh Gaur, Sankalp Agarwal Hon'ble Manjive Shukla,J. 1. Heard Sri Sankalp Agarwal, learned counsel appearing for the petitioner. 2. In view of the order proposed, notice to respondents no. 2 to 3 is hereby dispensed with. 3. The instant petition under Article 227 of the Constitution of India has been filed seeking following reliefs: "(i). to issue an appropriate order or direction directing the learned court of Civil Judge (Senior Division), Court 42, Lucknow to decide the application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908, pending in Regular Suit No. 2621 of 2022 "Sneh Lata Singh Versus Smt. Sudha Katiyar & another" filed by the petitioner/ plaintiff, expeditiously within a month or as this Hon'ble Court deems just and proper in the circumstances of the case. (ii) to pass any other suitable order or direction which is deemed just and proper in the circumstances of the case may kindly also9 be passed. (iii) to allow the petition with costs." 4. Learned counsel appearing for the petitioner has argued that the petitioner had filed Regular Suit No. 2621 of 2022 "Sneh Lata Singh Versus Smt. Sudha Katiyar & another" in the court of learned Civil Judge (Senior Division), Court 42, Lucknow in the year 2022 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 learned court of Civil Judge (Senior Division), Court 42, Lucknow since the year 2022. 5. 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. 6. 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. 2621 of 2022 "Sneh Lata Singh Versus Smt. Sudha Katiyar & another" has been filed in the year 2022 and is pending since the year 2022. 7. In view of the aforesaid reasons, this writ petition is disposed of with a direction to the learned court of Civil Judge (Senior Division), Court 42, Lucknow, to hear and decide the application filed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure filed in Regular Suit No. 2621 of 2022 "Sneh Lata Singh Versus Smt. Sudha Katiyar & another" expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order. Order Date :- 6.6.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench