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2025 DAILYLAW 174103 (ALL)

KALEEM @ KALLAN AND ANOTHER v. RIYAZ AHMAD AND 4 OTHERS

A227/7240/2025 · 2025-12-17

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7240 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Zahir Ahmad Khan, the learned counsel for the petitioners and perused the records. 2. Keeping in view the reliefs sought and the order proposed to be passed issuance of notice to the opposite parties is dispensed with. 3. By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have sought issuance of a direction to the learned Civil Judge, Junior Division Musafirkhana, Sultanpur decide the application for temporary injunction pending in Regular Suit No.169 of 2020: Riyaz Ahmad and others Vs. Kaleem @ Kallan and others expeditiously. 4. The aforesaid suit was filed by the opposite parties on 24.08.2020 and on the same date the learned Civil Judge had passed an ex-parte order of temporary injunction directing the parties to maintain status-quo. The petitioners have filed an application for vacation of the ex-parte order of temporary injunction on 21.11.2020, but the same has not been disposed of till date. 5. It is the duty and obligation of the court to dispose of the application for grant of temporary injunction expeditiously. In this regard, this Court has also issued a circular No."9770/Admin. 'G-II' Dated: Allahabad" dated 16.08.2017 to all the subordinate courts for time bound disposal of the applications seeking temporary injunction. The relevant portion of the said circular is extracted below:- "Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the ordersheet. Versus Counsel for Petitioner(s) : Zahir Ahmad Khan Counsel for Respondent(s) : Kaleem @ Kallan And Another .....Petitioner(s) Riyaz Ahmad And 4 Others .....Respondent(s) I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit." 6. In the circumstances, without entering into the merit of the case, this petition is finally disposed of with a direction to the learned Civil Judge, Junior Division Musafirkhana, Sultanpur decide the application for temporary injunction pending in Regular Suit No.169 of 2020: Riyaz Ahmad and others Vs. Kaleem @ Kallan expeditiously, strictly in accordance with law, in terms of the circular dated 16.08.2017 mentioned above after due notice to the contesting parties. December 17, 2025 Ram. A227 No. 7240 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench