HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6309 of 2025 Court No. - 20 HON'BLE SYED QAMAR HASAN RIZVI, J. 1. Heard Shri Anjani Kumar Dwivedi, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record. 2. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed following relief:- "to issue a writ order or direction in the nature of Mandamus commanding the opposite party no. 1 i.e., learned Civil Judge (Junior Division), Musafirkhana, Sultanpur to decide the interim injunction application paper no. 4C under Order 39 Rule 1 and 2 of the C.P.C. pending since 21.09.2024 in the pending proceedings of aforesaid Regular Suit No. 292 of 2024 (Akhilesh Pratap Singh Vs. Dinesh Pratap Singh) pending in the court of learned Civil Judge (Senior Division), Room No. 15, Sultanpur within time framed by this Hon'ble Court." 3. It has been submitted by learned counsel for petitioner that the petitioner filed a suit for cancellation of Will and for permanent injunction in the court of learned Civil Judge (Junior Division), Mufasirkhana, Sultanpur. The said suit bearing Regular Suit No. 292 of 2024 (Akhilesh Pratap Singh Vs. Dinesh Pratap Singh) is pending since September, 2024. It is further submitted that along with the said suit the petitioner has preferred an application under Order 39, Rule 1 and 2 of the C.P.C. and the same is pending for disposal. 4. The allegation as levelled by the petitioner against the opposite party no. 2 is that despite the knowledge of the said proceedings, the opposite party no. 2 is avoiding to appear before the court concerned to participate in the said proceedings. 5. It is very empathetically argued by learned counsel for petitioner that due to pendency of the aforesaid application seeking injunction under Order 39, Rule 1 and 2 C.P.C., the petitioner is facing undue hardship and has been put to the verge of Versus Counsel for Petitioner(s) : Anjani Kumar Dvivedi, Ayodhya Prasad Tiwari Counsel for Respondent(s) : Akhilesh Pratap Singh .....Petitioner(s) Ld. Civil Judge (Junior Division) Musafirkhana Sultanpur And Another .....Respondent(s) irreparable loss and injury. 6. In view of the aforesaid circumstances, this Court is of the considered opinion that no useful purpose would be served in keeping the petition pending, as such, the same is being disposed of at the admission stage. 7. In view of the proposed order to be passed, notice to opposite party no. 2 is dispensed with. 8. Accordingly, the writ petition is disposed of with the direction to learned Civil Judge (Junior Division), Musafirkhana, Sultanpur to consider and pass appropriate orders on the said pending application under Order 39, Rule 1 and 2 of C.P.C. strictly in accordance with law as expeditiously as possible, say within a period of three months from the date a certified copy of this order is produced before him. October 28, 2025 Virendra A227 No. 6309 of 2025 2 (Syed Qamar Hasan Rizvi,J.) Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench