Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6978 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri H.S. Tewari, learned counsel for the petitioner.
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Judge, Senior Division, Room No.15, Sultanpur to decide the application for temporary injunction under Order 39 Rule 1&2 of Code of Civil Procedure (hereinafter referred to as "CPC") filed in Regular Suit No.668 of 2024 (Smt. Babita Tripathi Vs. Smt. Rampati).
3. A perusal of the order sheet of the trial court reveals that on 20.08.2024, the trial court had issued a notice of the application for temporary injunction and summons regarding suit for specific performance of contract filed by the petitioner. The order sheet further reveals that till date, the summons of the suit and notice of the application under Order 39 Rule 1&2 of CPC have not been served upon the defendants/respondents.
4. In these circumstances, no direction can be issued to the trial court at this stage for expeditious disposal of suit without effecting service of summons and notice of the application on the defendants/respondents.
5. Accordingly, the present petition stands dismissed at this stage, leaving it open to the petitioner to take suitable steps for disposal of application of temporary injunction as well as the suit pending before the trial court itself. December 4, 2025/V. Sinha Versus Counsel for Petitioner(s) : Hari Shanker Tewari, Ajay Tiwari Counsel for Respondent(s) :
(Subhash Vidyarthi,J.) Smt. Babita Tripathi .....Petitioner(s) Smt. Rampati And Another .....Respondent(s) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench