HANEEF MOHAMMAD v. STATE OF U.P. THRU. PRIN. SECY. REVENUE DEPTT. AND 3 OTHERS
A227/6997/2025 · 2025-12-03
Subhash Vidyarthi
body2025
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[ 2025 DAILYLAW 186851 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 186851 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6997 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Shri Dheeraj Ojha, learned Standing Counsel for the State has raised a preliminary objection that State of UP has wrongly been impleaded as respondent. 2. Confronted with the aforesaid objection, learned counsel for the petitioner concedes that the State of UP has wrongly been impleaded as respondent and he has made oral request for grant of permission to delete the State of UP from the array of respondents. 3. The prayer made is allowed. 4. Learned counsel for the petitioner is permitted to carry out necessary correction in the memo of petition during the course of the day. 5. Heard Shri Suresh Chandra Srivastava, learned counsel for the petitioner. 6. By means of the present petition filed under Article 227 of the Constitution of India, the petitioner has sought the issuance of a direction to the Civil Judge, Junior Division, Mohammadi, Kheri to decide the application (8 C 2) for interim relief pending in Misc. Civil Suit No.18 of 2025 (Haneef Mohammad Vs. Ashwani Kumar & Ors.) pending before him, expeditiously. 7. Learned counsel for the petitioner submits that the civil suit was filed by the petitioner for temporary injunction and he has filed application for temporary injunction, upon which, the trial court has issued notice to the defendants on 16.01.2025. The defendants put in appearance before the trial Versus Counsel for Petitioner(s) : Suresh Chandra Srivastava, Savita Tiwari Counsel for Respondent(s) : C.S.C. Haneef Mohammad .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Deptt. And 3 Others .....Respondent(s)
court but have not filed any objection against the application for temporary injunction till date. 8. Whenever, a trial court declines to pass ex-parte order of temporary injunction and deems it proper to hear the defendant then it is necessary that the application for temporary injunction be disposed of soon after appearance of the defendants. 9. In view of the above, the petition stands disposed of by issuing a direction to the learned Junior Division, Mohammadi, Kheri to decide the application (8 C 2) for interim relief pending in Misc. Civil Suit No.18 of 2025 (Haneef Mohammad Vs. Ashwani Kumar & Ors.) pending before him, expeditiously without granting any unnecessary adjournment to either of the parties. .
(Subhash Vidyarthi,J.)
December 3, 2025 V. Sinha A227 No. 6997 of 2025 2
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench