ADITYA TRIPATHI AND ANOTHER v. CIVIL JUDGE SENIOR DIVISION FIRST DISTT. FAIZABAD AND 4 OTHERS
A227/3725/2025 · 2025-06-06
Manjive Shukla
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 144289 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144289 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34953 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3725 of 2025 Petitioner :- Aditya Tripathi And Another Respondent :- Civil Judge Senior Division First Distt. Faizabad And 4 Others Counsel for Petitioner :- Akash Mishra,Virech Shakti Pandey Hon'ble Manjive Shukla,J.
1. Heard Sri Akash Mishra, learned counsel appearing for the petitioners. 2. In view of the order proposed, notice to respondents no. 2 to 5 is hereby dispensed with. 3. The instant petition under Article 227 of the Constitution of India has been filed seeking following reliefs:
"a. Issue appropriate order or direction to the respondent no.1, i.e. Civil Judge, Senior Division-First, District- Faizabad, to decide the pending application under Order XXXIX Rule 1 & 2 C.P.C., filed in the Original Suit No. 526 of 2023 (Aditya Tripathi Vs. Lalta Prasad) dated 31.05.2023 (Annexure No.1) in given time frame, fix by this Hon'ble Court. b. Issue any other order or direction, which this Hon'ble High Court may deem fit in the circumstances of the case."
4. Learned counsel appearing for the petitioners has submitted that the petitioner has filed Original Suit No. 526 of 2023 (Aditya Tripathi Vs. Lalta Prasad) in the court of learned Civil Judge (S.D.- First), District Faizabad in the year 2023 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 Civil Judge (S.D.- First), District Faizabad since the year 2023. 5. Learned counsel appearing for the petitioners 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 petitioners, under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure in Original Suit No. 526
of 2023 (Aditya Tripathi Vs. Lalta Prasad) has been filed in the year 2023 and is pending since the year 2023. 7.
In view of the aforesaid reasons, this writ petition is disposed of with a direction to the learned Civil Judge (S.D.- First), District Faizabad, to hear and decide the application filed under
Order XXXIX Rule 1 and 2 of the Code of Civil Procedure filed in Original Suit No. 526 of 2023 (Aditya Tripathi Vs. Lalta Prasad) 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