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2025 DAILYLAW 201819 (ALL)

SMT. LEELAWATI v. CIVIL JUDGE JUNIOR DIVISION COURT NO. 15 SULTANPUR AND 5 OTHERS

A227/6004/2025 · 2025-10-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6004 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vinod Kumar Tiwari, the learned counsel for the petitioner. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the Civil Court, J.D., Court No.15, Sultanpur for expeditious disposal of an application for temporary injunction filed in Regular Suit No.730 of 2024 titled Leetawati vs. Kamla Devi. 3. Upon an oral prayer made by the learned counsel for the petitioner, he is permitted to delete the Civil Judge, J.D., Court No. 15, Sultanpur from the array of opposite parties and to re-number the opposite parties. 4. The office is also directed to correct the case description in its records and computer system so as to show the array of opposite parties as Kamla Devi and 4 others. 5. Learned counsel for the petitioner has filed a supplementary affidavit, which is taken on record. 6. The petitioner had filed the aforesaid suit for cancellation of a sale deed and perpetual injunction on 10.09.2024. On the application for temporary injunction, the trial court issued notices to the defendants on 10.09.2024 and also issued a commission for local inspection. The local inspection was conducted on 17.09.2024 and on 18.09.2024, the inspection report was submitted before the trial Court. The defendants have put in appearance before the trial Court on 30.11.2024 but they are causing Versus Counsel for Petitioner(s) : Vinod Kumar Tiwari, Devesh Mishra, Kaushal Kumar Counsel for Respondent(s) : Smt. Leelawati .....Petitioner(s) Civil Judge Junior Division Court No. 15 Sultanpur And 5 Others .....Respondent(s) delay in disposal of proceedings by avoiding filing of objections against the temporary injunction application and written statement. 7. When a trial Court does not grant an ex-parte order of temporary injunction and issued notices/ summons to the defendants, it is necessary to secure the ends of justice that the application for temporary injunction is decided as expeditiously as possible in order to avoid any further complication and failure of justice. 8. Accordingly, the writ petition is allowed and a direction is issued to the Civil Court, J.D., Court No.15, Sultanpur to decide the temporary injunction application in Regular Suit No.730 of 2024 as expeditiously as possible, without granting any unnecessary adjournment to any of the parties by fixing dates at short intervals. October 15, 2025 -Amit K- A227 No. 6004 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench