HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6050 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Nripendra Mishra, the learned counsel for the petitioner. 2. Keeping in view the nature of relief sought and order proposed to be passed, there is no need to issue notice to the opposite parties no. 1 to 4. 3. 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 (Senior Division), Bahraich for decision of a temporary injunction application under Order 39 Rule 1 & 2 CPC pending in R.S. No. 144 of 2022. 4. The aforesaid suit was filed by the petitioner on 08.07.2022 on which date the court passed an order that since the suit was for partition and the parties belonged to same family, there was no good ground to pass an exparte order of temporary injunction and notice was issued to the defendant. 5. The defendant has already filed written statement in the suit on 12.09.2022. Thereafter the suit has been fixed and adjourned on numerous dates- at sometimes without assigning any reason and the application for temporary injunction has not been disposed of till date. 6. When the trial court finds no good ground to pass an exparte order of temporary injunction and issues notice of the application to the defendant, it is necessary that the application for temporary injunction be decided Versus Counsel for Petitioner(s) : Nripendra Mishra, Shakti Pandey Counsel for Respondent(s) : Ram Terus Chauhan .....Petitioner(s) Sumitra Devi And 3 Others .....Respondent(s) expeditiously. 7. In the present case, the suit is pending since the year 2022 and although the defendant has put in appearance and has filed his reply, the application for temporary injunction has not been disposed of and the matter has been repetitively adjourned. Meanwhile the petitioner has attained the advanced age of 75 years. 8. Keeping in view the aforesaid facts, the instant petition is allowed. 9. The learned Civil Judge (Senior Division), Bahraich is directed to decide application for temporary injunction pending in R.S. No. 144 of 2022 expeditiously without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. October 15, 2025 Pradeep/- A227 No. 6050 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench