Neutral Citation No. - 2025:AHC:82256 Court No. - 9 Case :- MATTERS UNDER ARTICLE 227 No. - 12113 of 2024 Petitioner :- Smt Gulab Kali Respondent :- Rajendra @ Govardhan Patel And Another Counsel for Petitioner :- Rajesh Kumar Patel,Rishikesh Kumar Maurya Hon'ble Rohit Ranjan Agarwal,J. 1. Office report dated 16.01.2025 indicates that notice upon respondents no.1 and 2 has been served. 2. In view of the said office report, notice upon defendants- respondents is deemed to be sufficient. No one has put in appearance on behalf of the respondents. 3. It is a case where the plaintiff-petitioner had instituted a suit against the defendants-respondents in the year 2013 being Original Suit No.661 of 2013. An application for grant of temporary injunction was moved which was rejected by the trial Court on 01.11.2013, against which, a Misc. Appeal No.152 of 2013 was filed under Order 43 Rule 1 (r) CPC. The said appeal was allowed on 19.09.2017, and interim injunction was granted in favour of the plaintiff. The order dated 19.09.2017, according to the petitioner, was served upon the defendants by registered post on 03.10.2017, and it was also given to the police authority on 04.10.2017, 11.11.2017 and 14.11.2017. 4. The defendants have violated the interim injunction order and cut away the crop of wheat sown by the plaintiff which led to filing of application under Order 39 Rule 2-A CPC. Notices were issued on the said application which returned back with endorsement "refuse to accept". The trial Court on the basis of said refusal held the notice upon the defendants-respondents to be sufficient. 5. From the side of plaintiff, PW-1 and PW-2 were examined and the application filed under Order 39 Rule 2-A CPC was rejected on the ground that the plaintiff has failed to prove the fact beyond doubt that the defendants had taken away the crop sown by the plaintiff and there is no violation of the interim injunction order. 6. I have heard learned counsel for the petitioner and perused the material on record. 7. It is clear from the record that the defendants are deliberately not appearing before the Court, as is evident from the judgment impugned before this Court. Not only the defendants have absented themselves from the trial Court, but after the notice was issued by this Court and served upon them, they have not turned up. 8. The plaintiff-petitioner had made out a case for grant of interim injunction which was granted by the appellate Court on 19.09.2017. It was alleged by the plaintiff that the said injunction order was violated by the defendants, and the trial Court had also issued notice on application under Order 39 Rule 2-A CPC which was deemed sufficient as was returned back after refusal. 9. Once, the Court below had found that the defendants were not appearing before the Court despite service of notice at all stages, the presumption was against the defendants that they were not obeying the order of the Court below. Moreover, there stood no occasion for the plaintiff to allege violation of interim injunction order against the defendants had the crop, which was sown by the plaintiff was not cut and taken away by the defendants. The trial Court despite recording the oral testimony of PW-1 and PW-2 rejected the application under Order 39 Rule 2-A CPC. 10. In view of the said fact, order dated 16.07.2024 passed by Additional District and Sessions Judge, Court No.2/Special Judge (Gangster Act), Prayagraj (Allahabad) is hereby set aside. 11. The matter is remitted back to the trial Court again to consider and decide the application filed by the plaintiff-petitioner under Order 39 Rule 2-A CPC in the light of the facts that the defendants are deliberately avoiding their presence before the Court, which causes a doubt upon them for having cut away the crop sown by the plaintiff, and defiance of the interim injunction order has been done by them. 12. Writ petition stands partly allowed. 13. The trial Court shall proceed and decide the said application filed under Order 39 Rule 2-A CPC, within a period of two months from the date of production of certified copy of this order. Order Date :- 17.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad