PAWAN KUMAR PATHAK AND 3 OTHERS v. PRASHANT KUMAR SHUKLA
A227/3846/2025 · 2025-06-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 146647 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 146647 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35984 Court No. - 2 Case :- MATTERS UNDER ARTICLE 227 No. - 3846 of 2025 Petitioner :- Pawan Kumar Pathak And 3 Others Respondent :- Prashant Kumar Shukla Counsel for Petitioner :- Dinesh Kumar Mishra Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Dinesh Kumar Mishra, learned counsel for the petitioners.
2. By means of the instant petition under Article 227 of the Constitution of India, the petitioners have challenged the validity of an order dated 27.05.2025 passed by Civil Judge (Senior Division), Sitapur in Regular Suit No. 287 of 2025, whereby the trial court has declined to pass an ex-parte order of ad interim injunction while issuing notice of the temporary injunction application to the defendant. The trial court has fixed 23.07.2025 for disposal of the temporary injunction application.
3. The petitioners thereafter filed an application dated 31.05.2025 under Section 151 CPC with the same prayer and the trial court has rejected that application on the same day.
4. This Court does not find any such illegality in the approach of the trial court in issuing notice to the defendant, as may warrant any interference by this Court in exercise of the supervisory jurisdiction.
5. However, as unnecessary delay in disposal of the application for temporary injunction gives rise to a reasonable apprehension in the petitioners' mind that his interest may be judicially affected by the delay, it is observed that the trial court shall proceed to decide the temporary injunction expeditiously, in
accordance with law, without granting any unnecessary adjournment to any of the parties.
6. The petition is disposed of the with the aforesaid observations. Order Date :- 20.6.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench