KEDAR NATH v. LEARNED CIVIL JUDGE JR. DIVISION GONDA AND 17 OTHERS
A227/6261/2025 · 2025-10-17
S Q H Rizvi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 196558 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 196558 (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. - 6261 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Pawan Shukla, learned counsel for the petitioner.
2. By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following relief:
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned portion of order dated 03.07.2024 passed by learned Civil Judge (Junior Division), Gonda in Regular Suit No.1501/2024 (Kedar Nath Vs. Sonu & others) whereby learned court declined to grant the ex-parte injunction (Annexure 1) only to that effect which effect the learned court declined to grant the ad interim injunction and further direct the learned court to re-consider the application under order 39 Rule 1&2 of CPC and pass appropriate order for protecting the land in question, in the interest of justice.."
3. In view of the proposed relief being sought, the issuance of notices to the private respondents is hereby dispensed with. The contention of learned counsel for the petitioner is that the next date fixed in the aforesaid Suit is 09.11.2025. He has stated that the petitioner is facing undue hardship in the absence of any injunction in his favour.
4. Taking into consideration the aforesaid facts, this Court is of the view that no useful purpose would be served in keeping this petition pending, therefore, the same is being disposed of at the admission stage itself.
5. Therefore, without entering into the merits of the case, the present petition is disposed of with direction to the learned Civil Judge (Junior Division), Gonda to decide the application for injunction, if any, filed by the petitioner in the aforesaid proceeding, on the next date fixed or within the maximum period of three months thereafter. October 17, 2025 (Manoj K.) Versus Counsel for Petitioner(s) : Alok Kumar Misra, Pawan Shukla Counsel for Respondent(s) :
(Syed Qamar Hasan Rizvi,J.) Kedar Nath .....Petitioner(s) Learned Civil Judge (Junior Division) Gonda And 17 Others .....Respondent(s) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench