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2025 DAILYLAW 146004 (ALL)

JAY PRAKASH @ JAY PRAKASH SRIVASTAVA AND 4 OTHERS v. RAJENDRA PRASAD AND 9 OTHERS

A227/3820/2025 · 2025-06-17

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35694 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3820 of 2025 Petitioner :- Jay Prakash @ Jay Prakash Srivastava And 4 Others Respondent :- Rajendra Prasad And 9 Others Counsel for Petitioner :- Neeraj Kumar Srivastava,Manjeet Singh Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Neeraj Kumar Srivastava, learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (S.D.), Court No.15, Sultanpur to decide an Application for temporary injunction pending in Original Suit No.1102 of 2022, on the next date fixed i.e. on 01.07.2025. 3. A perusal of the order sheet dated 15.12.2022 passed in the aforesaid suit indicates that the trial Court has ordered issuance of notices to the defendants giving them opportunity to file objections against the temporary injunction application. 4. There is nothing on record to indicate that the petitioner has taken steps for service of the application on the defendants in the suit. 5. The learned counsel for the petitioner has submitted that the defendant No.4 has put in appearance before the trial Court but the other defendants have not put in appearance. The order sheet of the trial Court annexed with the petition does not disclose whether the petitioner has taken steps for service of notice of the application for temporary injunction on the defendants and whether notices of the application have been served upon them. 6. In these circumstances, no direction can be issued for decision of the application for temporary injunction on 01.07.2025. 7. The petition lacks merit and the same is dismissed. . [Subhash Vidyarthi, J.] Order Date :- 17.6.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench