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2025 DAILYLAW 40812 (ALL)

CHANCHAL v. STATE OF UP AND 7 OTHERS

A227/3815/2025 · 2025-04-17

Rohit Ranjan Agarwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:57422 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3815 of 2025 Petitioner :- Chanchal Respondent :- State Of Up And 7 Others Counsel for Petitioner :- Jigyasa Singh,Navin Kumar Counsel for Respondent :- C.S.C. Hon'ble Rohit Ranjan Agarwal,J. 1. This writ petition has been filed with the following prayer: "a) Issue an order or direction to direct the respondent no. 2 to execute his order dated 8.12.2018 (Annexure No. 4). b) Issue an order or direction to direct the learned Civil Judge (J.D.) Kasya, Kushi Nagar to execute his interim injunction order dated 13.2.2025. c) issue an order or direction to direct the Civil Judge (J.D.) Kasya, Kushi Nagar to expedite the temporary injunction application filed by the petitioner alongwith Original Suit No 230/2025 (Chanchal Vs. Pawan and others) on 13.2.2025 (Annexure No. 9). d) Issue an order or direction to direct the Civil Judge (J.D.) Kasya Kushi Nagar to punish the respondent no. 5 to 8 in Misc. Application No. 37/2025 in Original Suit No. 230/2025 (Chanchal Vs. Pawan and others) under order 39 Rule 2A of C.P.C." 2. The prayer No. a, b and d, made in the writ petition cannot be granted. 3. It is contended that the plaintiff-petitioner had instituted Suit No.230 of 2025, which is pending consideration. In the said suit, an application for grant of temporary injunction was moved, in which an ad interim injunction was granted by the trial Court. It is alleged that the ad interim injunction order has been violated by the defendant, which led to filing of the application under Order XXXIX, Rule 2-A C.P.C. 4. As no useful purpose would be served in keeping the matter pending, the writ petition is being disposed of, at the admission stage, without calling for counter affidavit or issuing notice to private respondents, with a direction upon Civil Judge (Junior Division), Kasya, Kushinagar to proceed with the temporary injunction application filed in Original Suit No.230 of 2025 (Chanchal vs. Pawan and others) and decide the same in accordance with law, after hearing all affected parties, preferably within a period of two months from the date of production of certified copy of this order. 5. In case the ad interim injunction is granted in favour of the petitioner, the Court below shall proceed to decide the application under Order XXXIX, Rule 2-A C.P.C. 6. With the aforesaid direction, present writ petition stands disposed of. 7. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 18.4.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad