Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74231 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4418 of 2025 Petitioner :- Prabhunath Respondent :- Rajeev Alias Sanjay And 2 Others Counsel for Petitioner :- Mahendra Kumar Sharma Hon'ble Rohit Ranjan Agarwal,J. This is a plaintiff's petition. This writ petition has been filed with the following prayer:-
"It is, therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to direct the Civil Judge (Jr. Div.), Mirzapur to decide the application u/s 151 of C.P.C. dated 14.11.2024 in Original Suit No. 828/2022 (Prabhunath Vs. Rajeev and others) within stipulated period as fixed by this Hon'ble court, otherwise the petitioner shall suffer irreparable loss and injury." It is contended that in the suit instituted by plaintiff, an application for grant of temporary injunction was moved in which ad interim injunction has been granted. The said order is being violated by defendants-respondents which has led to filing of an application under Section 151 CPC. This Court finds that no useful purpose would be served in keeping the matter pending and 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 (Jr. Div.), Mirzapur to proceed with 6-C application filed in Original Suit No.828 of 2022 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. 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 :- 8.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad