Ashok Kumar Dwivedi vs Daya Shankar Dwivedi

Neutral Citation No. - 2024:AHC-LKO:19756

Court No. - 8

Case :- MATTERS UNDER ARTICLE 227 No. - 1131 of 2024 Petitioner :- Ashok Kumar Dwivedi Respondent :- Daya Shankar Dwivedi Counsel for Petitioner :- Vijay Pathak,Rakesh Pathak

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner.

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By means of instant petition, the petitioner seeks expeditious disposal of an application under Order 39 Rule 1 and 2 C.P.C. in Regular Suit No.446 of 2023.

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The contention of learned counsel for the petitioner is that the private respondent had instituted a Suit for injunction, wherein the trial Court by means of order dated 01.07.2023 had granted an ex-parte injunction in favour of private respondent. It is stated that the petitioner has filed his objections seeking discharge of injunction order and despite the same the plaintiffs of the Suit are delaying the matter as they are enjoying the exparte injunction.

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In the aforesaid circumstances, it is prayed that some expedite order be passed.

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Having considered the aforesaid submission and from perusal of material on record, it does not reflect as to whether the petitioner has filed his objections under Order 39 Rule 4 C.P.C.

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Be that as it may, since the matter is already pending before the trial Court, accordingly, this Court is not inclined to interfere at this stage, leaving it open for the petitioner to move an appropriate application before the Court concerned and in case if such an application is moved, the Court concerned shall consider and decide the same, strictly in accordance with law, preferably on the next date fixed.

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With the aforesaid, the petition is disposed of .

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(Jaspreet Singh,J.)

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Order Date :- 5.3.2024 Arnima

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Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Ashok Kumar Dwivedi v. Daya Shankar Dwivedi

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Ashok Kumar Dwivedi v. Daya Shankar Dwivedi

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