SHANU v. CIVIL JUDGE (SR. DIV. II) AYODHYA AND 7 OTHERS
A227/3847/2025 · 2025-06-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146397 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35979 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3847 of 2025 Petitioner :- Shanu Respondent :- Civil Judge (Sr. Div. Ii) Ayodhya And 7 Others Counsel for Petitioner :- Amit Singh Counsel for Respondent :- Prashant Dubey Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Amit Singh, the learned counsel for the petitioner and Sri Ram Niwas Pathak, the learned counsel for the respondents.
2. By means of the instant petition under Article 227 of the Constitution of India, the petitioner has challenged validity of an order dated 31.05.2025 passed by the Additional Civil Judge (Senior Division-II), Ayodhya in Regular Suit No. 702/2025, whereby an exparte ad interim order of injunction passed by the trial court on 22.05.2025 has been recalled on the application of the defendants/ respondents on the ground that the defendant no. 1 had filed a caveat before the trial court and the exparte
order of temporary injunction was passed without giving an opportunity of hearing to the respondent no. 1.
3. There appears to be no illegality in the order dated 31.05.2025 as having lodged a caveat, the caveator had a right to be heard before any order of injunction was passed by the trial court and any temporary injunction order passed without giving an opportunity of hearing to the caveator, is non est in the eyes of law.
4. The trial court has fixed 04.07.2025 for disposal of the application for temporary injunction.
5. In these circumstances, this Court finds no good ground to make any interference in the impugned order dated 31.05.2025 in exercise of its supervisory jurisdiction.
6. The writ petition lacks merit and the same is dismissed.
Order Date :- 20.6.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench