Neutral Citation No. - 2025:AHC:30284 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2092 of 2025 Petitioner :- Jhagru Ram Respondent :- Digvijay Singh Counsel for Petitioner :- Sandeep Kumar Srivastava Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. In a suit instituted by the plaintiff, an application 6-C for grant of temporary injunction was moved. During pendency of the said application, the plaintiff moved an application 18-C under Section 151 CPC, in which, the trial Court on 17.08.2022 had restrained the defendant from interfering in the matter. The said order was challenged by the defendant before this Court in Matters under Article 227 No.300 of 2023, wherein the order dated 17.08.2022 passed by the trial Court was kept in abeyance and following order was passed:- "Heard Sri Vijay Kumar Ojha, learned counsel for the petitioner. By means of this Petition filed under Section 227 of the Constitution of India, petitioner, aggrieved against the order passed by the Civil Judge (Senior Division) F.T.C., Varanasi dated 17.08.2022 directing the police to ensure that the gate put on suit property is not locked by the defendant-respondent. Counsel for the petitioner submits that looking to the report filed by the Amin, Commissioner, the entire property houses a hospital which is being run by the petitioner, therefore, there was no occasion for the Court to have passed the order over and above the order of temporary injunction of status-quo. It is submitted by learned counsel for the petitioner that if there was any violation of the order passed by the parties then appropriate order only upon an application being filed under Order XXXIX Rule 2A of the Code of Civil Procedure. Having heard learned counsel for the petitioner and the arguments raised by him, prima-facie, I find merit in the submission so advanced, however keeping the Petition pending before this Court, would certainly prejudice the parties and I find it to be more appropriate to direct the trial court to dispose of the pending 6-C Application of the plaintiff-respondent after considering the objection, if any, filed by the petitioner and also the Amin Commissioner's report already available on record within a period of six weeks from the date of presentation of this order. I also equally find no justification for the Court to have passed the order for the intervention of the police and such positive injunction ought not to have been issued on mere Misc. Application without there being an application filed under order 39 Rule 2A of the Code of Civil Procedure. In these circumstances, the order dated 17.08.2022 passed by the Civil Judge (Senior Division) F.T.C., Varanasi shall remain in abeyance in so far as the police force has been directed to intervene in the matter until the disposal of the pending 6-C Application and the order shall abide by the final order to be passed on pending 6-C Application. With this direction, this Petition is disposed of. " From perusal of the aforesaid order, it is clear that the Court had directed the trial Court to decide the 6-C application. Pursuant to the direction of this Court, the application 6-C was decided on 16.01.2024 and temporary injunction was granted in favour of the petitioner, pursuant to which, an application on 02.02.2024 has been filed for implementing the order dated 17.08.2022. This Court finds that the order passed by the writ Court on 11.01.2023 has put the order dated 17.08.2022 in abeyance till the disposal of the application 6-C. Once, the temporary injunction has been granted in favour of the plaintiff and if any obstruction is being created by the defendant, he has a remedy of moving an application under Order 39 Rule 2A CPC. The application dated 02.02.2024 is not maintainable. However, in case the petitioner moves an application under Order 39 Rule 2A CPC within two weeks from today, the Court below shall consider and decide the same strictly in accordance with law, after hearing the affected parties, preferable within a period of two months thereafter. With the aforesaid observations, present writ petition stands disposed of. Order Date :- 4.3.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad