Neutral Citation No. - 2025:AHC-LKO:47578 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 4863 of 2025 Petitioner :- Arvind Kumar Mishra Respondent :- Civil Judge Senior Division Court No. 15 Sultanpur And 3 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- Tushar Hirwani Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner and Ms. Anvesha Shukla holding brief of Mr. Tushar Hirwani learned counsel for the respondent no. 2. By means of the instant petition, the petitioner seeks expeditious disposal of the application preferred under Order 39 Rule 1 and 2 C.P.C. filed in Regular Suit No. 503 of 2025 which is pending before the learned Civil Judge(Senior Division), court no. 15, Sultanpur. It is urged that the suit was filed along-with an application for interim injunction on 1.7.2025. Though certain dates have been fixed but the said application has not been considered and since the defendants of the suit are raising construction. In such circumstances, the appropriate order shall be passed for expediting the disposal of the application under Order 39 Rule 1 and 2 C.P.C. Learned counsel for the respondent no. 2 submits that the matter is now listed on 23.8.2025, on whcih date, the trial court may consider the application. Specific query was put to Ms. Shukla learned counsel appearing for the respondent no. 2 as to whether the defendants have put in appearance in the civil suit and have filed their objections to which it has been stated that the defendants have filed their objection and they are already appearing in the suit. In view of the aforesaid, since defendants have already served and they have put in appearance and the mater is listed on 23.8.2025, at this stage, the Court is not inclined to entertain the petition, however a direction is issued to the trial court that it shall consider and decide the pending application of the plaintiff preferably on the fate fixed and in case the same is not possible then within two weeks thereafter. The defendants as well as the plaintiff both are directed to co-operate in early hearing and in case if any parties tries to misuse liberty the trial court will be well within its right to pass appropriate order in accordance with law. It is made clear that the court has not examined the plea of either of the parties on merit and the court concerned shall decide the application in accordance with law. With the aforesaid, the petition is disposed of. Order Date :- 14.8.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench