HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6728 of 2025 Court No. - 6 HON'BLE JASPREET SINGH, J. 1. Heard learned counsel for the petitioners. 2. Under challenge is the order dated 08.08.2025 passed by the Civil Judge, Senior Division, Ayodjhya in Regular Suit No. 880 of 2025 (Jia Lal and others v. Sarita Agrahari and others) whereby an application preferred by the petitioners under Section 151 C.P.C. has been rejected on the ground that an earlier application under Order XXXIX Rule 1 and 2 C.P.C. is pending. 3. The submission of learned counsel for the petitioners is that the petitioner had instituted a suit seeking a decree of permanent injunction. Along with the said suit an application under Order XXXIX Rule 1 and 2 C.P.C. was also filed upon which notices were issued to the defendant of the suit. 4. It is urged that though the notices were issued, yet the defendants were raising constructions and noticing the urgency, the petitioner moved another application on 08.08.2025 for restraining the defendants of the suit regarding raising illegal constructions. 5. It is urged that the said application under Section 151 C.P.C. which was registered as Paper No. Ga-12/2 has been rejected on the simple premise that the main application under Order XXXIX Rule 1 and 2 C.P.C. was still pending. Versus Counsel for Petitioner(s) : Ram Kinkar Upadhyay, Jagendra Counsel for Respondent(s) : Jiya Lal And Another .....Petitioner(s) Sarita Agrahari And 2 Others .....Respondent(s) 6. The submission is that the order passed by the Trial Court is patently without jurisdiction and is against the teeth of the judgment of this Court in Deepak Goyal v. Shri Radhey Shyam Agarwal and others:2019(6) All LJ 447 which has been followed in a subsequent decision in Alok Kumar and Another vs. Bihari and 14 others; 2020:AHC:22029. 7. It is thus urged that the order is patently illegal and deserves to be set aside. 8. Having considered the aforesaid submissions and from the perusal of the material available on record including the impugned order dated 08.08.2025, the Court had put a specific query to the learned counsel for the petitioners as to whether against the order dated 08.08.2025, the petitioners have taken recourse to filing a revision which has been answered in the negative. 9. Another specific query was put to the learned counsel for the petitioners as to after the order dated 08.08.2025 what were the date fixed in the suit and how the proceedings have been taken forward, inasmuch as, the order impugned dated 08.08.2025 whereas this writ petition has been filed on 09.11.2025 i.e. after more than three months. 10. This was specifically put in order to ascertain as to how the proceedings have been taken forward by the court concerned. Even to the aforesaid query, it has not been answered as what were the dates fixed nor the order sheets have been brought on record to indicate the aforesaid status. 11. The record would also indicate that it has not been disclosed as to whether the defendants of the suit have been served, inasmuch as, in the order dated 08.08.2025, it has been observed by the Trial Court that the plaintiff was required to take appropriate steps for serving the defendants. 12. Even though, the dictum of this Court in Deepak Goyal (supra) and Alok Kumar (supra) cannot be disputed but the fact still remains that the instant petition lacks complete particulars in order to assess the order as well as the proceedings how they have been taken forward. A227 No. 6728 of 2025 2 13. For all the aforesaid reasons, this Court is not inclined to entertain the present petition, however, it is observed that the Trial Court should also consider the pendency of the Application under Order XXXIX Rule 1 and 2 C.P.C. and in case if there is no legal impediment, an endevour be made to decide the same in accordance with law after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments to either of the parties. 14. With the aforesaid observations, the petition is disposed of. November 26, 2025 Asheesh A227 No. 6728 of 2025 3 (Jaspreet Singh,J.) Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench