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2025 DAILYLAW 157351 (ALL)

RAM MILAN AND 2 OTHERS v. CIVIL JUDGE (JUNIOR DIVISION) SOUTH COURT NO 24 SULTANPUR AND 10 OTHERS

A227/4817/2025 · 2025-08-12

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47071 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4817 of 2025 Petitioner :- Ram Milan And 2 Others Respondent :- Civil Judge (Junior Division) South Court No 24 Sultanpur And 10 Others Counsel for Petitioner :- Shrikant Mishra,Avadhesh Kumar Tripathi Hon'ble Jaspreet Singh,J. 1. Heard Sri Avadhesh Kumar Tripathi, learned counsel for the petitioners, who has filed the instant petition stating that the petitioners, as plaintiffs, had instituted a suit for injunction bearing Regular Suit No.1309 of 2025. It is further stated that along with the said suit, an application under Order XXXIX Rule 1 and 2 CPC was filed, upon which the Court had issued notices. 2. The defendant has been served, but for one ground or the other, they are delaying the proceedings and though the Court has also granted time and even observed in one of its order sheets that last opportunity is being granted, yet the application for interim injunction has not been heard and the defendants are utilizing this time for raising constructions, which will complicate the suit and may also defeat the rights of the plaintiffs. Hence, in the aforesaid circumstances, an expedite order be passed for considering and deciding the application for injunction. 3. Considering the aforesaid submissions as well as from the perusal of material on record, including the extracts of the order sheet, which indicate that the defendants have been served and they have been granted time to file their objections, which has yet not been filed. 4. Be that as it may, considering that the application for injunction is pending, this Court, at this stage, is not inclined to entertain or pass any interim order. However, it is of the opinion that ends of justice can be met by directing the court concerned to consider and decide the pending application for injunction filed by the petitioners after affording full opportunity of hearing to the parties, but without granting any unnecessary adjournment to either of the parties, preferably on the next date fixed, and in case if the same is not possible, then within three weeks thereafter. 5. It is made clear that the Court has not examined the case of either of the parties on merits and the Court concerned shall consider and decide the same strictly in accordance with law. 6. With the aforesaid, the petition is disposed of. (Jaspreet Singh, J.) Order Date :- 12.8.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench