Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6273 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Raja Babu Gupta, the learned counsel for the petitioner and perused the record.
2. By means of the instant petition under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned trial court for disposal of Suit No.8 of 2023: Raj Kumar Vs. Thakur Prasad expeditiously.
3. The petitioner has impleaded the Civil Judge, Junior Division, Gonda as an opposite party to the petition, whereas the Hon'ble Supreme Court has repetitively deprecated this practice and has declared that the Civil Courts should not be impleaded as opposite party to the petition.
4. Accordingly, the petition suffers from defect of misjoinder of parties.
5. The petitioner has filed a suit for rectification of instrument and perpetual injunction. On 02.01.2023 the trial court has passed an order declining to pass interim order of temporary injunction and issued notice to the defendant. After hearing the defendant the trial court passed an order dated 26.09.2024 rejecting the plaintiff's application for temporary injunction holding that the plaintiff has failed to make out a prima facie case, balance of convenience and irreparable loss and injury. The petitioner has not challenged the Versus Counsel for Petitioner(s) : Raja Babu Gupta, Vikas Singh Counsel for Respondent(s) :
Raj Kumar .....Petitioner(s) Civil Judge (J.D.) Gonda And Another .....Respondent(s)
aforesaid order.
6. From the aforesaid facts, it appears that there is no good ground to issue any direction to the trial court for expeditious disposal of the suit. The petition is dismissed accordingly. November 3, 2025 Ram. A227 No. 6273 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench