JAGDISH BAHADUR SINGH AND 6 OTHERS v. NAURANG BAHADUR SINGH AND 6 OTHERS
A227/6139/2025 · 2025-10-28
Subhash Vidyarthi
Civil Appealbody2025
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Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6139 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Sanjay Kumar Srivastava, the learned counsel for the petitioners. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have assailed the validity of judgment and order dated 16.09.2025 passed by the learned Additional District Judge, Court No. 1, Pratapgarh in Misc. Civil Appeal No. 42/2014 whereby the appeal filed against an order dated 08.05.2014 passed by the civil Judge, Senior Division, Pratapgarh in Suit No. 708/2013 allowing the application for temporary injunction has been allowed and the temporary injunction order dated 28.05.2014 has been set aside. 3. After advancing submissions on merits at some length, the learned counsel for the petitioners confine his submissions to the extent that the suit is pending since the year 2013 and it should be decided expeditiously. The learned counsel for the petitioners has submitted an apprehension that extensive observations have been made in the impugned appellate order affecting the merits of the case and those should not influence the trial court while deciding the suit. 4. The aforesaid limited submissions of the learned counsel for the petitioners deserves to be accepted and keeping in view the aforesaid limited submissions, this petition is being disposed of without issuing Versus Counsel for Petitioner(s) : Ajeet Kumar Mishra, Pawan Kumar Mishra Counsel for Respondent(s) :
Jagdish Bahadur Singh And 6 Others .....Petitioner(s) Naurang Bahadur Singh And 6 Others .....Respondent(s)
notices to the opposite parties no. 1 to 7. 5. Accepting the limited submissions of the learned counsel for the petitioners, the instant petition is disposed of by issuing a direction to the learned Civil Judge, Senior Division, Pratapgarh to proceed with Regular Suit No. 708/2013 titled Awadhesh Bahadur Singh & others v. Naurang Bahadur Singh, expeditiously and to conclude the same at the earliest without granting any unnecessary adjournment to any of the parties. 6. It is clarified that the observations made in the judgment and order dated 16.09.2025 passed by the Additional District Judge, Court No. 1, Pratapgarh in Misc.
Civil Appeal No. 42/2014 are in respect of the temporary injunction only and the same will not affect the trial court while deciding the suit on its merits keeping in view the pleadings of the parties, the evidence led by them and the submissions advanced in support of the respective cases of the parties. October 28, 2025 Pradeep/- A227 No. 6139 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench