Allahabad High Court
A227/7140/2025 of SUMIT PRIYADARSHI Vs SMT. SUSHMA SINGH AND 2 OTHERS on 11 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7140 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Km. Vishwa Mohini, the learned counsel for the petitioner . 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7140 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Km. Vishwa Mohini, the learned counsel for the petitioner .
2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (S.D.), Malihabad, Lucknow to decide the petitioner's application for temporary injunction (Paper No.C-6) pending in Regular Suit No.1360 of 2025 expeditiously.
3. Keeping in view the nature of relief sought and order proposed to be passed, issuance of notice to the respondents is dispensed with.
4. The aforesaid suit has been filed by the petitioner for declaration, partition and perpetual injunction. Although, the defendant No.1 had filed a caveat, the court passed an order on 31.05.2025 for issuance of a notice to the caveator and the other defendants Nos.2 and 3.
5. When a defendant files a caveat, the caveat should contain sufficient particulars of his counsel for serving a notice of the application on the counsel for the caveator and there is no need to issue any notice to the caveator. In case sufficient particulars of the counsel are not mentioned to enable the plaintiff to affect service on him, such a caveat should not be lodged.
6. Ultimately, the defendant No.1 has put in appearance before the trial Court on 17.10.2025. The application has been served on all the defendants.
7. A copy of a circular dated 16.08.2017 issued by this Court has been mentioned in an order dated 22.12.2023 passed by a Coordinate Bench of this Court in petition under Article 227 No.12911 of 2023 which reads as follows:- "From, Mohd. Faiz Alam Khan, HJS, Registrar General, High Court of Judicature at Allahabad Versus Counsel for Petitioner(s) : Km. Vishwa Mohini Counsel for Respondent(s) :
Sumit Priyadarshi .....Petitioner(s) Smt. Sushma Singh And 2 Others .....Respondent(s)
To, All the District & Sessions Judges, Subordinate to the High Court of Judicature at Allahabad. C.L. No. 24/Admin. 'G-II' Dated: Allahabad 16.08.17 Sub. Time bound disposal of interim injunction application. Madam/Sir, Hon'ble Court has directed that all the subordinate courts must ensure to dispose of applications of interim injunction within six months, failing which they shall have to record reasons in the order-sheet. I am, therefore, directed to request you to circulate the instant direction amongst all the judicial Officers working under your supervision and control and to ensure strict compliance of the same in letter and spirit. Your faithfully,
(Mohd. Faiz Alam Khan) No. 9770/Admin. 'G-II Dated: Allenabad 16.08 2017"
8. The instant petition is disposed off by issuing a direction to the learned Civil Judge (S.D.), Malihabad, Lucknow to decide the petitioner's application for temporary injunction (Paper No.C-6) pending in Regular Suit No.1360 of 2025 expeditiously, in accordance with law. December 11, 2025 -Amit K- A227 No. 7140 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench