Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45954 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4598 of 2025 Petitioner :- Shama Parveen Respondent :- Shifaat Ahmad Khan And Another Counsel for Petitioner :- Sayyed Farooq Ahmad,Afzal Ahmad,Vinod Kumar Yadav Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner who has filed supplementary affidavit which is taken on record. Sri Sujeet Kumar Sahu learned counsel has filed his vakalatnama on behalf of the private respondent nos.1 and 2 which is taken on record. The petitioner has approached this Court with a limited prayer that application under Order 39 Rule 1 and 2 is pending before the trial court for adjudication but for reasons beyond control the same has yet not been decided whereas there is urgency in the matter. He has also pointed out that the matter was last listed on 16.07.2025 whereafter again the matter is now posted for 1st September, 2025 and in the given circumstances, an expedite order be passed failing which, the purpose of moving an application under Order 39 Rule 1 and 2 would stand frustrated. It is submitted that such application for expedition may not be maintainable before the Court. Having considered the aforesaid submission and from a perusal of the record including extracts of order sheet which have been brought on record, this Court finds that since application for interim injunction is pending before the trial court and next date fixed is 01.09.2025, this Court is of the view that ends of justice can be met by directing the court concerned to consider and decide the pending application under Order 39 Rule 1 and 2 on the next date itself and in case, if that is not possible then within two weeks thereafter. The private respondents who are also present before the Court shall cooperate in early hearing and in case if any of the parties tries to misuse the liberty the trial court will be well within its right to pass appropriate orders in accordance with law.
It is made clear that the Court has not examined the case of either of the parties on merits and the court concerned shall be free to decide the matter strictly in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 7.8.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench