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2025 DAILYLAW 24109 (ALL)

SACHIN SINGH AND 2 OTHERS v. RAJSHRI AND 2 OTHERS

A227/2015/2025 · 2025-02-27

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:28608 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 2015 of 2025 Petitioner :- Sachin Singh And 2 Others Respondent :- Rajshri And 2 Others Counsel for Petitioner :- Kartikeya Saran,Ujjawal Satsangi Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayers; "1. Issue an appropriate order or direction, calling for record, and setting aside the order dated 11.02.2025 passed by the Civil Judge, Junior Division, Azamgarh in Original Suit No. 1105 of 2024 (Rajshri and Another v Sachin Singh and Others) (Annexure-1); 2. Issue an appropriate order or direction directing the Civil Judge, Junior Division, Azamgarh to decide the 6C application pending in Original Suit No. 1105 of 2024 (Rajshri and Another v Sachin Singh and Others) on the next date fixed, after hearing the parties." 2. It is contended by learned counsel for the defendant petitioners that in an injunction suit filed by plaintiff respondents an application for grant of temporary injunction 6C2 was moved in which notices were issued. He then contended that plaintiff respondents had approached this Court through the Matters Under Article 227 No. 12279 of 2024 wherein the writ Court on 03.10.2024 directed the court below to proceed with the temporary injunction application and decide the same within three months and till decision on temporary injunction application the Court had directed the parties to maintain status quo as on date. 3. Learned counsel for petitioners submits that the order of writ Court dated 03.10.2024 was not filed by plaintiff respondents and it was for the first time placed on 04.01.2025. He submits that on 11.02.2025 the court below had directed the Superintendent of Police, Azamgarh for issuance of necessary orders in regard to the suit property. 4. I have heard learned counsel for petitioners and perused the material on record. From perusal of order sheet, it transpires that suit was instituted on 28.08.2024 and on the same date the court concerned on application 6C2 had issued notices to the defendants without granting any injunction order. The defendants, as it appears from the order sheet, had put in appearance on 30.09.2024 but no objection to the temporary injunction application was filed. The matter was, thereafter, listed on 18.10.2024, 10.11.2024, 04.01.2025 and 05.02.2025. On 05.02.2025, the court proceeded to allow the amendment application and as it was not opposed by defendants. Despite their appearance before the court the counsel had not appeared when the amendment application was heard. 5. By the order impugned the court below had directed that the order dated 05.02.2025 be complied forthwith and in view of directions of coordinate Bench of this Court dated 03.10.2024 Superintendent of Police, Azamgarh was directed to issue necessary orders. Further, the defendant petitioners was granted time to file objections to the temporary injunction application. 6. I find that as application 6C2 is pending consideration before the court concerned and till date the defendants had not filed their objection, this Court directs the defendant petitioners to file their objection alongwith certified copy of this order, if any, within a period of two weeks from today and, in case, same is filed, the court concerned shall make every endeavour to decide the application 6C2, strictly in accordance with law, after hearing all the affected parties, within next one month. 7. With the aforesaid directions, writ petition stands disposed of. Order Date :- 28.2.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad