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2025 DAILYLAW 43905 (ALL)

RAJENDRA PRASAD JAISWAL v. STATE OF U.P. AND ANOTHER

A227/3835/2025 · 2025-04-17

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57380 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 3835 of 2025 Petitioner :- Rajendra Prasad Jaiswal Respondent :- State of U.P. and Another Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- C.S.C.,Sudhir Bharti Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. In the suit instituted by the plaintiff, an application for grant of temporary injunction was moved which was allowed by the trial Court. The temporary injunction order was being violated by the defendants, which led to filing of application under Order 39 Rule 2-A CPC by the plaintiff, which is pending consideration since 2018. The sole prayer made in the writ petition is for expeditious disposal of the said application. As no useful purpose would be served in keeping the matter pending, or calling for counter affidavit or issuing notice to the private respondent, the matter is being disposed of, at the admission stage, with a direction upon Civil Judge (Junior Division), Gorakhpur to decide the application filed under Order 39 Rule 2-A CPC (Misc. Case No.751 of 2018) in Suit No.829 of 2014, after hearing all the concerned parties, strictly in accordance with law expeditiously preferably within a period of three months from the date of production of certified copy of this order. With the aforesaid direction, present writ petition stands disposed of. It is made clear that this Court has not adjudicated the case on merit. Order Date :- 18.4.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad