PUSHPA DEVI AND 2 OTHERS v. CIVIL JUDGE J.D. KUNDA PRATAPGARH AND 4 OTHERS
A227/6260/2025 · 2025-10-17
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195518 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195518 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6260 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Abhishek Tiwari, learned counsel for the petitioners. 2. By means of this petition under Article 227 of the Constitution of India, the petitioners have prayed for the following main relief:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to issue writ, order or direction to the opposite party no.1 to decide the Civil Suit No.342/2022, titled as Pushpa Devi and others V/s Shiv Kumar @ Sadhu and others pending before opposite party no.1 (Civil Judge (Junior Division), Kunda, Pratapgarh.) within stipulated period as fixed by this Hon'ble court, in the interest of justice."
3. The contention of learned counsel for the petitioners is that the petitioners have filed a Suit for permanent injunction against the private respondents. The said Suit having No. 342/2022 (Pushpa Devi Vs. Shiv Kumar @ Sadhu And Others) is pending before the learned Civil Judge (Junior Division), Kunda, Pratapgarh. It is submitted that although the notices upon the defendants in the said Suit has already been served and they have put in appearance in the proceedings. It is also submitted that for one or the other reasons, the case has got adjourned and thus causing irreparable loss to the petitioners. 4. Learned counsel for the petitioners have emphatically argued that Rule 3-A of the Order 39 CPC categorically provides that where the injunction has been granted without any notice to the other party, the Court shall make all endeavour to finally dispose of an application within 30 days from the date an injunction was granted; and where it is unable to do so, it shall record such inability. He has contended that although an ad-interim injunction was granted in favour of the petitioners on 21.10.2022 but till date, the application for injunction has not been disposed of. 5. Taking into consideration the aforesaid facts, this Court is of the view Versus Counsel for Petitioner(s) : Abhishek Tiwari Counsel for Respondent(s) :
Pushpa Devi And 2 Others .....Petitioner(s) Civil Judge J.D. Kunda Pratapgarh And 4 Others .....Respondent(s)
that no useful purpose would be served in keeping this petition pending, therefore, the same is being disposed of at the admission stage itself. 6.
In view of the proposed relief being sought, the issuance of notices to the private respondents is hereby dispensed with. 7. Considering the aforesaid legal position, the present petition is disposed of with direction to the learned Civil Judge (Junior Division), Kunda, Pratapgarh to pass an appropriate order on the application for injunction filed by the petitioners in the aforesaid proceeding without any further delay, in the light of Rule 3-A of Order 39 of the Civil Procedure Code. October 17, 2025 (Manoj K.) A227 No. 6260 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench