ATUL KUMAR TRIVEDI v. CIVIL JUDGE (SD) MALIHABAD DISTT. LKO. AND ANOTHER
A227/4913/2025 · 2025-08-19
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158371 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158371 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48405 Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 4913 of 2025 Petitioner :- Atul Kumar Trivedi Respondent :- Civil Judge (Sd) Malihabad Distt. Lko. And Another Counsel for Petitioner :- Suman Pandey,Arvind Kumar Kushwaha Hon'ble Alok Mathur,J.
1. Heard Shri N.K. Dwivedi, holding brief of Shri Suman Pandey, learned counsel on behalf of the petitioner as well as learned Standing Counsel on behalf of the State respondents. 2. In light of the proposed order, notice to private respondent no.2 is dispensed with. 3. The instant petition has been filed by the petitioner praying for a direction to respondent No. 1/ Civil Judge (Senior Division) Malihabad, District Lucknow, to decide the objection of the petitioner moved in Regular Suit No.327 of 2025 (Furkan Ali vs. Atul Trivedi), which is pending before respondent no.1, expeditiously. 4. The grievance raised in the present petition is with regard to the pendency of the objections preferred by the petitioner against the application under Order 39 Rule 1 and 2, which has been preferred by Respondent No. 2, who is the plaintiff, and in whose favour ad interim injunction has been granted by the trial court on 12/02/2025. It has been submitted that the objections have been preferred by the petitioner on 01/03/2025, which have not been considered by the trial court, and the matter is pending. In the aforesaid circumstances, counsel for the petitioner prays for a direction to the Civil Judge (Senior
Division), Malihabad, District Lucknow to dispose of the application under Order 39 Rule 1 and 2, expeditiously. 5. Considering the fact that the suit is of the year 2025 and the application has been preferred by the petitioner only in March, 2025, I do not find that much time has been elapsed. 6. However, liberty is granted to the petitioner to approach the court/authority concerned and move an appropriate application detailing urgency for expeditious disposal of the objection of the petitioner moved in Regular Suit No.327 of 2025 (Furkan Ali vs. Atul Trivedi), along with the order passed by this Court, within two weeks from today and in case, if such an application is moved, the court/ authority shall consider and decide the same within three weeks thereafter, and in case, any case for urgency is made out by the petitioner, it shall pass appropriate orders thereupon, and proceed in accordance with law.
7. It is made clear that this Court has not examined the case of either of the parties on merit and the authority/court concerned shall decide the matter strictly in accordance with law. 8. With the above observations, the writ petition is disposed of. [Alok Mathur,J.] Order Date :- 19.8.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench