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2025 DAILYLAW 173238 (ALL)

NARENDRA KUMAR DUBEY v. ARVIND KUMAR AND 9 OTHERS

A227/6950/2025 · 2025-12-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6950 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Jay Prakash Singh Vats, learned counsel for the petitioner. 2. By means of the present petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to Civil Judge, Junior Division, Room No.18, Pratapgarh to decide the Application 6 Ga 2, under Order 39 Rule 1, Code of Civil Procedure (hereinafter referred to as 'C.P.C.'). 3. Keeping in view the nature of the relief sought and order proposed to be passed, the issuance of notice to the respondents is hereby dispensed with. 4. The aforesaid suit was filed by the respondent nos.1-8/plaintiffs against the petitioner and respondent nos.9 & 10 for perpetual injunction on 07.10.2024 and, on the same date, the trial court had passed an ex-parte temporary injunction in favour of the plaintiffs. 5. The petitioner has filed objection against the application for temporary injunction on 26.05.2025 and he has also filed an application under Order 39 Rule 4 of C.P.C. for vacation of the injunction order but the suit is being repetitively adjourned without disposal of the temporary injunction application and the petitioner's application under Order 39 Rule 4 of C.P.C. as some of the defendants have not put in appearance. 6. When the petitioner is being affected by the ex-parte order of temporary injunction and he has filed an application for vacation of the temporary Versus Counsel for Petitioner(s) : Jay Prakash Singh Vats, Ajay Kumar Soni Counsel for Respondent(s) : Narendra Kumar Dubey .....Petitioner(s) Arvind Kumar And 9 Others .....Respondent(s) injunction under Order 39 Rule 4 of C.P.C., the disposal of the application as well as disposal of the petitioner's objection on the ex-parte order of the temporary injunction is necessary to secure the ends of justice. 7. In view of the above, the present petition stands disposed of with the direction to the Civil Judge, Junior Division, Room No.18, Pratapgarh to dispose of the temporary injunction paper no.6 Ga 2, under Order 39 Rule 1 of C.P.C. after taking into consideration the petitioner's application under Order 39 Rule 4 of C.P.C. expeditiously in accordance with law without granting any unnecessary adjournment to either of the parties. December 3, 2025 V. Sinha A227 No. 6950 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench