Arvind Kumar Mishra Vs Civil Judge Senior… — Writ and Judicial Review | Allahabad HC (2025)

Arvind Kumar Mishra Vs Civil Judge Senior… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Trial court directed to consider and decide the plaintiff's pending Order 39 Rule 1 and 2 C.P.C. application preferably on the date fixed (matter listed 23.8.2025) and, if not possible, within two weeks thereafter; both parties directed to co-operate in early hearing, with liberty to the trial court to deal appropriately with any misuse; merits expressly left unexamined.

Issue for consideration

Whether the High Court should direct expeditious disposal of the application under Order 39 Rule 1 and 2 C.P.C. (interim injunction application) pending in Regular Suit No. 503 of 2025 before the Civil Judge (Senior Division), Court No. 15, Sultanpur. +1 more

Court's answer

A direction was issued to the trial court to consider and decide the plaintiff's pending application preferably on the date fixed and, in case that is not possible, within two weeks thereafter.

Ratio / Principle

Since the defendants have already been served and have put in appearance and the matter is listed on 23.8.2025, the Court was not inclined to entertain the petition at this stage.

Key takeaways

The defendants as well as the plaintiff were both directed to co-operate in early hearing; if any party tries to misuse the liberty, the trial court will be well within its right to pass an appropriate order in accordance with law.ratio¶12
The Court expressly clarified that it had not examined the plea of either of the parties on merit; the court concerned shall decide the application in accordance with law.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 7 — MATTERS UNDER ARTICLE 227 No. - 4863 of 2025; Hon'ble Jaspreet Singh, J.; Order Date 14.8.2025 (Neutral Citation 2025:AHC-LKO:47578). Petitioner Arvind Kumar Mishra sought expeditious disposal of an application under Order 39 Rule 1 and 2 C.P.C., filed along-with an interim-injunction application in Regular Suit No. 503 of 2025 (filed 1.7.2025) pending before the Civil Judge (Senior Division), Court No. 15, Sultanpur, urging that dates had been fixed but the application remained unconsidered while defendants raised construction. Counsel for respondent no. 2 stated the matter stood listed on 23.8.2025, and on specific query confirmed the defendants had filed their objections and were already appearing in the suit. Finding that service and appearance had occurred and the next date was fixed, the Court was not inclined to entertain the petition at this stage, but directed the trial court to consider and decide the plaintiff's pending application preferably on the date fixed and, if not possible, within two weeks thereafter; both sides were directed to co-operate in early hearing, any misuse of liberty being met with appropriate orders by the trial court. The Court expressly made clear it had not examined the plea of either party on merit; the petition was disposed of.

Neutral Citation No. - 2025:AHC-LKO:47578

Court No. - 7

Case :- MATTERS UNDER ARTICLE 227 No. - 4863 of 2025

Petitioner :- Arvind Kumar Mishra Respondent :- Civil Judge Senior Division Court No. 15 Sultanpur And 3 Others Counsel for Petitioner :- Satish Kumar Counsel for Respondent :- Tushar Hirwani

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner and Ms. Anvesha Shukla holding brief of Mr. Tushar Hirwani learned counsel for the respondent no. 2.

By means of the instant petition, the petitioner seeks expeditious disposal of the application preferred under Order 39 Rule 1 and 2 C.P.C. filed in Regular Suit No. 503 of 2025 which is pending before the learned Civil Judge(Senior Division), court no. 15, Sultanpur.

It is urged that the suit was filed along-with an application for interim injunction on 1.7.2025. Though certain dates have been fixed but the said application has not been considered and since the defendants of the suit are raising construction. In such circumstances, the appropriate order shall be passed for expediting the disposal of the application under Order 39 Rule 1 and 2 C.P.C.

Learned counsel for the respondent no. 2 submits that the matter is now listed on 23.8.2025, on whcih date, the trial court may consider the application.

Specific query was put to Ms. Shukla learned counsel appearing for the respondent no. 2 as to whether the defendants have put in appearance in the civil suit and have filed their objections to which it has been stated that the defendants have filed their objection and they are already appearing in the suit.

In view of the aforesaid, since defendants have already served and they have put in appearance and the mater is listed on 23.8.2025, at this stage, the Court is not inclined to entertain the petition, however a direction is issued to the trial court that it shall consider and decide the pending application of the plaintiff preferably on the fate fixed and in case the same is not possible then within two weeks thereafter.

The defendants as well as the plaintiff both are directed to co-operate in early hearing and in case if any parties tries to misuse liberty the trial court will be well within its right to pass appropriate order in accordance with law.

It is made clear that the court has not examined the plea of either of the parties on merit and the court concerned shall decide the application in accordance with law.

With the aforesaid, the petition is disposed of.

Order Date :- 14.8.2025 kanhaiya

Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench