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2025 DAILYLAW 182397 (ALL)

AFAQ AHMAD KHAN v. ISHRAT JAMAL AND 3 OTHERS

/6722/2025 · 2025-11-19

Ram Manohar Narayan Mishra

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6722 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the petitioner and perused the record. 2. The present petition under Article 227 of the Constitution of India has been filed with the following prayers:- "(i) To direct the Learned court of Civil Judge North (J.D.) Lucknow, District Lucknow to decide Regular Suit No. 967 of 2025 (Afaque Ahmad Khan Vs Ishrat Jamal & others) expidiously in the interest of justice. (ii) To direct the Learned Court of Civil Judge North (J.D.) Lucknow District Lucknow to decide application under order 39 Rule 1 and 2 read with section 151 CPC dated 26.3.2025 within time stipulated by this Hon'ble Court in the interest Justice." 3. Learned counsel for the petitioner submits that at this stage, he only seeks to press prayer no.2, which is in regard to early disposal of application for temporary injunction filed under Order 39, Rule 1 and 2 read with Section 151 C.P.C. He next submits that the application is pending since 26.03.2025 before the court below. 4. The plaintiff pressed the application at the time of institution of suit citing urgency but the court below had thought it proper to issue notice to defendants before issuing an interim injunction in the matter and notices were issued in both ways to defendant. The notices are served on defendants but they have not put in appearance only to abide the disposal Versus Counsel for Petitioner(s) : Raghvendra Pratap Singh, Kapil Dev Chaubey Counsel for Respondent(s) : Afaq Ahmad Khan .....Petitioner(s) Ishrat Jamal And 3 Others .....Respondent(s) of application on temporary injunction. On account of delay in disposal of application of interim injunction, the interest of plaintiff-petitioner is adversely affected as he is absolute owner and in possession and occupation of suit property. 5. Keeping in view the limited prayer made by the learned counsel for the petitioner, the court below is directed to expedite the hearing of the application under Order 39, Rule 1 and 2 read with Section 151 C.P.C., filed by the plaintiff and every effort be made to decide the same and pass an order thereon, preferably within a period of two months, in accordance with the law, after giving an opportunity of hearing to both the parties. 6. With the above directions, the present petition stands disposed of. November 19, 2025 Mohd. Sharif A227 No. 6722 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench