Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6024 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Surendra Kumar Mishra, the learned counsel for the petitioner, Sri Ravindra Nath Tiwari, Advocate who has put in appearance on behalf of the opposite party and filed his vakalatnama, which is taken on record.
2. By means of the instant petition filed under Article 227 of the Constitution of India the petitioner has prayed for issuance of a direction to the Civil Judge (J.D.), Hawali, Lucknow to decide the temporary injunction application pending in Civil Suit No.1809 of
2025.
3. The only copy of an order annexed with the petition is an order dated 08.07.2025, passed by learned trial court, whereby notice of the application for temporary injunction and summon of the suit were issued to the defendant. There is no averment in the petition as to when the petitioner took steps for issuance of notice and when the opposite party put in appearance.
4. The learned counsel for the opposite party has orally informed the court that the opposite party-defendant has put in appearance before the trial court on 18.08.2025 and he filed an application for being provided with a copy of application for temporary injunction and the copy of plaint etc. He has submitted that till date the copies of plaint and application for temporary injunction have not been Versus Counsel for Petitioner(s) : Surendra Kumar Mishra, Ujjwal Mishra Counsel for Respondent(s) :
Pushpa Lata Shukla .....Petitioner(s) Vijay Kumar Rai .....Respondent(s)
supplied to him and he undertakes that he will file objection/written statement as soon as he gets copy thereof. He has further submitted that the next date in the suit before the trial court is fixed for 02.12.2025.
5. In these circumstances, when the plaintiff himself has not provided a copy of plaint and the application for temporary injunction to the defendant, there is no occasion for issuance of any direction for expeditious disposal of the temporary injunction application, at this stage.
6. The petition lacks merit and the same is accordingly dismissed . October 15, 2025 Ram. A227 No. 6024 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench