HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 3852 of 2025 Court No. - 7 HON'BLE JASPREET SINGH, J. Heard learned counsel for the petitioner. Under challenge is the order dated 27.3.2025 passed in Regular Suit No. 691 of 2021 whereby the Civil Judge/Judicial Magistrate, Kadipur, Sultapur has rejected the application of the plaintiff-petitioner seeking a temporary injunction in terms of the order 39 Rule 1 and 2 C.P.C. The petitioner being aggrieved has preferred miscellaneous appeal before the District Judge, Sultanpur under Order 43 Rule 1(r) C.P.C., which was taken up for consideration, however no order was passed on the application for ad-interim injunction preferred by the petitioner before the appellate court. The petitioner thereafter rushed before this Court by filing a petition under Article 227 of the Constitution of India bearing no. 2771 of 2025, which was disposed of by a co-ordinate Bench of this Court by means of the order dated 15.5.2025 directing the appellate court to consider the application for ad-interim injunction and pass appropriate orders on the next date or within a week thereafter. It is considering the said application that the District Judge, Sultanpur by means of the order dated 26.5.2025 rejected the application on the premise that as per the petitioner, the partition of the property has yet not been taken place and each and every person is the co-owner of the Versus Counsel for Petitioner(s) : Mohd.Yasin Counsel for Respondent(s) : C.S.C. Ram Chet .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Law And Justice Deptt. Lko. And 14 Others .....Respondent(s) property and in such circumstances it was not thought appropriate by the appellate court to pass any ad-interim injunction order. Specific query was put to cousnel for the petitioner as to what was the status of the appeal and the date fixed to which he informs that the matter is listed on 30.9.2025. Considering the facts and circumstances and also noticing that the District Judge has already passed an order dated 26.5.2025, this Court at this stage is not inclined to entertain this petition leaving it open to the petitioner to agitate his grievance before the appellate court and it is expected that the appellate court shall after affording full opportunity of hearing to the parties shall decide the appeal either on the next date fixed and in case if the same is not possible then within three weeks thereafter. It is made clear that the Court has not examined the case of the petitioner on merits and the appellate court shall decide the appeal in accordance with law. With the aforesaid directions, the petition is disposed of. September 24, 2025 kanhaiya A227 No. 3852 of 2025 2 (Jaspreet Singh,J.) Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench