HAUSILA PRASAD MISHRA AND 2 OTHERS v. CIVIL JUDGE JUNIOR DIVISION SOUTH COURT NO. 24 DIST. SULTANPUR AND 3 OTHERS
A227/6018/2025 · 2025-10-15
Subhash Vidyarthi
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 198577 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198577 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6018 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Umesh Pratap Singh, the learned counsel for the petitioner and perused the records.
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 Civil Judge, Junior Division South, Court No.24, Sultanpur to decide Original Suit No.1287 of 2017: Shiv Prashad Mishra and others Vs. Ram Murti and others expeditiously.
3. A copy of order sheet of trial court annexed with the petition indicates that the suit was filed on 13.09.2017. The trial court has passed an order to the effect that there was no good ground to pass an ex-parte order of temporary injunction and summons of the suit and notice on the application for temporary injunction were issued to the defendants. The order sheet indicates that though repetitively orders for issuance of notice were passed and the plaintiff was directed to take steps for issuance of notice, the plaintiff failed to take steps. The order sheet thereafter reveals that an order was passed abruptly on 21.10.2022 for proceeding with the suit ex-parte and there is nothing on record to indicate that the plaintiff-petitioner had taken steps for issuance of notice/summon to the defendant and notice/summon were actually served. Versus Counsel for Petitioner(s) : Umesh Pratap Singh, Ashutosh Tiwari, Dev Brat Singh Counsel for Respondent(s) :
Hausila Prasad Mishra And 2 Others .....Petitioner(s) Civil Judge Junior Division South Court No. 24 Dist. Sultanpur And 3 Others .....Respondent(s)
4. In these circumstances, prima facie it appears that the trial court has wrongly ordered the suit to proceed ex-parte against the defendant. Accordingly, there is no good ground to grant indulgence in the instant petition which lacks merit and the same is dismissed accordingly. October 15, 2025 Ram. A227 No. 6018 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench