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2025 DAILYLAW 55693 (ALL)

SANJAY KUMAR v. JYOTI TRIPATHI

A227/4843/2025 · 2025-05-11

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76916 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 4843 of 2025 Petitioner :- Sanjay Kumar Respondent :- Jyoti Tripathi Counsel for Petitioner :- Anurag Bhatt,Rohit Kumar Counsel for Respondent :- Sudhanshu Kumar Mishra Hon'ble Rohit Ranjan Agarwal,J. 1. This is the defendant's petition. In the suit instituted by plaintiff respondent an application for grant of temporary injunction has been moved to which an ad interim injunction has been granted by the trial court. Against the order of ad interim injunction defendant has preferred misc. appeal under Order XLIII Rule 1 (r) CPC, which has been rejected by the court below on the ground that it is not maintainable. 2. Learned counsel for petitioner submits that the defendant till date has not filed objections to the said application. 3. Sri Sudhanshu Kumar Mishra, learned counsel, has put in appearance on behalf of plaintiff respondent. 4. No useful purpose would be served in keeping the matter pending or calling the counter affidavit or issuing notice to private respondent, defendant petitioner is hereby directed to file his objections, if any, before the trial court within a period of two weeks from today and, in case, the same is filed, trial court is hereby required to proceed with the application 6C filed in Suit No. 176 of 2025, in accordance with law, after hearing all affected parties and considering the objections filed by defendant petitioner, preferably within a period of two months from the date of filing of objections alongwith certified copy of this order. 5. With the aforesaid directions, writ petition stands disposed of. 6. It is made clear that this Court has not adjudicated the matter on merits. Order Date :- 12.5.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad