Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 186224 (ALL)

JAI PRAKASH @ PAPPU v. CIVIL JUDGE (S.D.) SOUTH COURT NO. 24 SULTANPUR AND 18 OTHERS

/6589/2025 · 2025-11-20

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6589 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Praveen Tripathi, the learned counsel for the petitioner and perused the record. 2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has sought issuance of a direction to the learned Civil Judge, Junior Division, South Sultanpur to decide the Original Suit No.1960 of 2023 expeditiously. 3. The learned counsel for the petitioner has stated that he has erroneously impleaded the learned trial court as an opposite party to the petition and has orally prayed for deleting the name of the court and to renumber the other opposite parties. Prayer is accepted and the learned counsel for the petitioner is directed to do the needful forthwith. 4. Keeping in view the reliefs sought and the order proposed to be passed issuance of notice to the opposite parties is dispensed with. 5. The aforesaid suit was filed by the opposite party no.1/Mohd. Munawar Khan against the petitioner and other opposite parties to the petition seeking a decree of perpetual injunction. The trial court passed an ex-parte order of temporary injunction on 09.01.2023. The petitioner appeared before the trial court and filed objection against the temporary injunction application on 01.03.2024. Since then numerous dates have been fixed on which the ex- parte order of temporary injunction has been extended but the application for temporary injunction has not been disposed of after taking into consideration the petitioner's objection. 6. Whenever an ex-parte order of temporary injunction is granted and the Versus Counsel for Petitioner(s) : Praveen Tripathi Counsel for Respondent(s) : Jai Prakash @ Pappu .....Petitioner(s) Civil Judge (S.D.) South Court No. 24 Sultanpur And 18 Others .....Respondent(s) defendant appears before the trial court and files an objection against temporary injunction application, it is necessary that the same be disposed of expeditiously. 7. In these circumstances, the petition is allowed and a direction is issued to learned Civil Judge, Junior Division, South Sultanpur to dispose of the temporary injunction application after taking into consideration the petitioner's objection, expeditiously in accordance with law without granting any unnecessary adjournment to any of the parties. November 20, 2025 Ram. A227 No. 6589 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench