DEVENDRA SINGH v. GURUDWARA BABADIP SINGH SAHID SAMARAK SEWA TRUST AND 4 OTHERS
A227/10608/2025 · 2025-09-08
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92230 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92230 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10608 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, Ms. Shreya Gupta and Shri Chandra Sen Patil, learned counsel for the respondent no. 5 and perused the record.
2. The present petition has been filed challenging an ex-parte injunction order granted in favour of the plaintiff.
3. Learned counsel for the respondent has raised a preliminary objection that the petitioner has an alternative remedy of filing application under Order 39 Rule 4 C.P.C. and appeal under Order 43 Rule 1(r) C.P.C. for setting aside the ex-parte injunction order.
4. Since the petitioner has an alternative remedy of filing application for setting aside the ex-parte injunction order, I am not inclined to entertain the instant petition.
5. It has been informed by learned counsel for the petitioner that no application has been filed for setting aside the aforesaid order before the trial court.
6. In case, the petitioner moves such application within a week before the court below, it is directed that the court below shall consider and decide the application filed by the petitioner under Order 39 Rule 4 C.P.C., in accordance with law, expeditiously, preferably within a period of next two weeks after ensuring service upon all the opposite parties and giving Versus Counsel for Petitioner(s) : V.R. Tiwari Counsel for Respondent(s) :
Devendra Singh .....Petitioner(s) Gurudwara Babadip Singh Sahid Samarak Sewa Trust And 4 Others .....Respondent(s)
opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided that there is no other legal impediment. It is made clear that this Court has not examined the matter on merits.
7. Learned counsel for the respondent has assured this Court that they will participate in the proceedings and will not seek any undue adjournment to linger on the disposal of the aforesaid application.
8. With the aforesaid directions, this petition stands disposed of. September 9, 2025 Ved Prakash A227 No. 10608 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad