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2025 DAILYLAW 144553 (ALL)

RAM SAMUJH v. CIVIL JUDGE (J.D.) C.N. 13, BARABANKI AND 3 OTHERS

A227/3727/2025 · 2025-06-06

Manjive Shukla

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:34930 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3727 of 2025 Petitioner :- Ram Samujh Respondent :- Civil Judge (J.D.) C.N. 13, Barabanki And 3 Others Counsel for Petitioner :- Dheerendra Kr. Agnihotri Hon'ble Manjive Shukla,J. 1. Heard Sri Dheerendra Kr. Agnihotri, learned counsel appearing for the petitioner. 2. In view of the order proposed, notice to respondents no. 2 to 4 is hereby dispensed with. 3. The instant petition under Article 227 of the Constitution of India has been filed seeking following reliefs: "a. issue order or direction to the opposite party no.1 i.e. Civil Judge (J.D.), Court no. 13, Barabanki to decide the Original Suit No. 937/2023, titled as Ram Samujh Vs. Vishnu Kumar Gupta and others as well as application under Order 39 Rule 1 C.P.C. within stipulated period pending before opposite party no.1, within stipulated period, as fixed by this Hon'ble Court, in the interest of justice. b. Any other order, or direction, which this Court deem fit and proper under the circumstances of the case, in favour of petitioner be passed, in the interest of justice. c. Allow the petition with cost in favour of the petitioner." 4. Learned counsel appearing for the petitioner has argued that the petitioner had filed Original Suit No. 937/2023 (Ram Samujh Vs. Vishnu Kumar Gupta and others) in the court of learned Civil Judge (J.D.), Court No.13, Barabanki, 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 (J.D.), Court No.13, Barabanki since the year 2023. 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 Original Suit No. 937 of 2023 (Ram Samujh Vs. Vishnu Kumar Gupta and others) 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 (J.D.), Court No.13, Barabanki, 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. 937/2023 (Ram Samujh Vs. Vishnu Kumar Gupta and others) 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