Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34910 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 3754 of 2025 Petitioner :- Chandrakant Singh Respondent :- Randheer Singh Counsel for Petitioner :- Amit Kumar Singh Hon'ble Manjive Shukla,J.
1. Heard Sri Amit Kumar Singh, learned counsel appearing for the petitioner. 2. In view of the order proposed, notice to the respondent is hereby dispensed with. 3. The instant petition under Article 227 of the Constitution of India has been filed, seeking following reliefs:
"(1) To issue an order or direction to the Civil Judge, Junior Division South, Court No. 16, District Raebareli to decide the application under order 39 Rule 1 and 2 C.P.C. pending in original Suit no.1032 of 2025, Chandrakant Singh VS Randheer Singh pending since 30.04.2025 contained as Annexure no. 1 to this writ petition.. (2) To issue an order or direction in the nature of mandamus commanding the opposite party not to make any construction on the public pathway till the disposal of the application under order 39 Rule 1 and 2 C.P.C. (3) To issue an order or direction in the appropriate nature which this Hon'ble court may deem fit and proper in the interest of justice. (4) To allow the petition with cost."
4. Learned counsel appearing for the petitioner has submitted that the petitioner had filed a suit i.e. Original Suit No. 1032 of 2025 (Chandrakant Singh VS Randheer Singh) in the court of learned Civil Judge, Junior Division South, Court No. 16, District Raebareli on 30.04.2025 along with an application under Order XXXIX Rule 1 and 2 of the C.P.C. seeking interim injunction. It has further been submitted that the aforesaid application for interim injunction has not yet been decided. 5. Learned counsel appearing for the petitioner has argued that there is urgency in the matter and, therefore, it is in the interest of justice that the application filed under Order XXXIX Rule 1 and 2 of the C.P.C. 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 C.P.C. in Original Suit No. 1032 of 2025 (Chandrakant Singh VS Randheer Singh) is pending since 30.04.2025. 7.
In view of the aforesaid reasons, this writ petition is disposed of with a direction to the learned Civil Judge, Junior Division, South, Court No. 16, District Raebareli to hear and decide the application filed under Order XXXIX Rule 1 and 2 of the C.P.C. in Original Suit No.1032 of 2025 expeditiously, preferably within a period of six months from the date of presentation of certified copy of this order. Order Date :- 6.6.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench