Allahabad High Court
/7081/2025 of MOHD. ISLAM KHAN AND 5 OTHERS Vs MOHD. AMANULLAH KHAN AND ANOTHER on 9 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7081 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Lal Bahadur Khan, the learned counsel for the petitioners. 2. By means of the instant petition, the petitioners have sought issuance of a direction to the Civil
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
MATTERS UNDER ARTICLE 227 No. - 7081 of 2025
Court No. - 17
HON'BLE SUBHASH VIDYARTHI, J.
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1. Heard Shri Lal Bahadur Khan, the learned counsel for the petitioners.
2. By means of the instant petition, the petitioners have sought issuance of a direction to the Civil Judge (SD), Ambedkar nagar for expeditious disposal of the application for temporary injunction filed by the plaintiff-respondents as well as for expeditious disposal of application under Order 39 Rule 4 CPC filed by the petitioners- defendants.
3. The aforesaid suit was filed by the respondents and on 18.05.2024, learned Civil Judge (S.D.) passed an ex-parte order of temporary injunction and issued notices to the defendants-petitioners. The defendants appeared and filed written statements in the suit on 31.05.2024. However, the application under Order 39 Rule 4 CPC for vacation of the temporary injunction order dated 18.05.2024 was filed only on 10.09.2025.
4. It appears that the petitioners were not aggrieved by the order dated 18.05.2024 directing the parties to maintain status-quo and that is why even while filing the written statements, they did not file an application for vacation of temporary injunction order. The petitioners have filed the application for vacation of the temporary injunction merely on 10.09.2025 and an application for direction for early disposal of the said application has been filed on 06.12.2025. The order-sheet of the trial Court reveals that the petitioner has not filed any application before the trial Court for expeditious disposal of the application under Order 39 Rule 4 CPC. On 20.09.2025, the petitioner gave an application for fixing a short date for early disposal of the application under Order 39 Rule 4 CPC which was rejected considering the cause list of the Court.
5. The petitioner has stated in the application under Order 39 Rule 4 CPC that in the garb of the temporary injunction order, the plaintiff is creating hindrance in construction activity of the petitioner over his own land of which is not the subject matter of the suit. Versus Counsel for Petitioner(s) : Lal Bahadur Khan Counsel for Respondent(s) :
Mohd. Islam Khan And 5 Others .....Petitioner(s) Mohd. Amanullah Khan And Another .....Respondent(s)
6. Keeping in view the aforesaid facts, the present petition is disposed off by issuing a direction to the Civil Judge (SD), Ambedkar Nagar to decide the application under Order 39 Rule 4 CPC expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals. December 9, 2025 -Amit K- A227 No. 7081 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench