Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6689 of 2025 Court No. - 19 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. Heard Ms. Saniya Ansari, learned counsel for the petitioner and perused the record. The instant writ petition under Article 227 of the Constitution of India has been filed by the plaintiff/ petitioner in Original Suit No. 1490 of 2023 pending in the court of Civil Judge (J.D.), Court No.13, Barabanki with prayer to issue a direction to the court below to decide the application for temporary injunction within the stipulated time. Learned counsel for the petitioner submits that the said case was instituted on 18.12.2023 wherein interim injunction was granted in the manner that the parties are directed to maintain status quo of the disputed Gata no. 1505 area 0.140 hectare situated in Village Shavpur, Pargana and Tehsil- Nawabganj, District Barabanki as shown in the revenue map. On 18.12.2023, a commission for local inspection was also issued on the application of the plaintiff. However, since then an application for temporary injunction is still pending which has to be decided on merits as the interim injunction has been granted by the court in the case. Although earlier under Order 39 Rule 3A C.P.C. it was mandatory for the court below granting ad-interim injunction to make all endevour to finally dispose of the application within 30 days from the date on which the injunction was granted, it has been omitted w.e.f. October, 3 , 1981 bu the Allahabad High Court Amendment. Nvevertheless, in various judicial decisions, it is made obligatory on the part of the court to decide Versus Counsel for Petitioner(s) : Saniya Ansari Counsel for Respondent(s) :
Mohd. Ahmad Ansari .....Petitioner(s) Sharif And 11 Others .....Respondent(s)
application for interim injunction at the earliest without any unavoidable delay, particularly where ad-interim injunction is granted. No useful purpose would be served to keep this petition pending, therefore, it is directed to the court below to make all endevour to hear and decide the application for temporary injunction after giving opportunity of hearing to both sides in accordance with law as expeditious as possible, say, within a period of two months, from the date of submission a certified copy of this order. The writ petition stands disposed of .
November 17, 2025 dk/ A227 No. 6689 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench