Kedar Nath Vs Learned Civil Judge Jr. Division… — Writ and Judicial Review | Allahabad HC (2025)

Kedar Nath Vs Learned Civil Judge Jr. Division… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of at admission stage without examining merits; the learned Civil Judge (Junior Division), Gonda is directed to decide the petitioner's injunction application, if any, on the next date fixed (09.11.2025) or within the maximum period of three months thereafter.

Issue for consideration

Whether the portion of the order dated 03.07.2024 passed by the Civil Judge (Junior Division), Gonda in Regular Suit No.1501/2024 declining the ex-parte/ad-interim injunction should be set aside. +1 more

Court's answer

This Court disposed of the petition at the admission stage itself, without entering into the merits of the case.

Ratio / Principle

Since no useful purpose would be served in keeping the petition pending, notices to the private respondents were dispensed with in view of the proposed relief sought.

Key takeaways

The learned Civil Judge (Junior Division), Gonda is directed to decide the application for injunction, if any, filed by the petitioner in the aforesaid proceeding, on the next date fixed (09.11.2025) or within the maximum period of three months thereafter.ratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 20 — Syed Qamar Hasan Rizvi, J. (MATTERS UNDER ARTICLE 227 No. 6261 of 2025; decided October 17, 2025). Petitioner Kedar Nath, by means of a petition under Article 227 of the Constitution of India, sought setting aside of the impugned portion of the order dated 03.07.2024 passed by the Civil Judge (Junior Division), Gonda in Regular Suit No.1501/2024 (Kedar Nath Vs. Sonu & others) declining the ex-parte/ad-interim injunction under Order 39 Rule 1&2 of CPC, and reconsideration of the injunction application to protect the land in question. Issuance of notices to the private respondents (the trial judge, Sonu and 17 others) was dispensed with. Without entering into the merits, the petition was disposed of at the admission stage itself, with a direction to the learned Civil Judge (Junior Division), Gonda to decide the injunction application, if any, filed by the petitioner on the next date fixed (09.11.2025) or within the maximum period of three months thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6261 of 2025

Kedar Nath

.....Petitioner(s)

Versus

Learned Civil Judge (Junior Division) Gonda And 17 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Alok Kumar	Misra, Pawan Shukla
Counsel for Respondent(s)	:

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Pawan Shukla, learned counsel for the petitioner.

By means of this petition under Article 227 of the Constitution of India, the petitioner has prayed for the following relief:

"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned portion of order dated 03.07.2024 passed by learned Civil Judge (Junior Division), Gonda in Regular Suit No.1501/2024 (Kedar Nath Vs. Sonu & others) whereby learned court declined to grant the ex-parte injunction (Annexure 1) only to that effect which effect the learned court declined to grant the ad interim injunction and further direct the learned court to re-consider the application under order 39 Rule 1&2 of CPC and pass appropriate order for protecting the land in question, in the interest of justice.."

In view of the proposed relief being sought, the issuance of notices to the private respondents is hereby dispensed with.

The contention of learned counsel for the petitioner is that the next date fixed in the aforesaid Suit is 09.11.2025. He has stated that the petitioner is facing undue hardship in the absence of any injunction in his favour.

Taking into consideration the aforesaid facts, this Court is of the view that no useful purpose would be served in keeping this petition pending, therefore, the same is being disposed of at the admission stage itself.

Therefore, without entering into the merits of the case, the present petition is disposed of with direction to the learned Civil Judge (Junior Division), Gonda to decide the application for injunction, if any, filed by the petitioner in the aforesaid proceeding, on the next date fixed or within the maximum period of three months thereafter.

October 17, 2025 (Manoj K.)

(Syed Qamar Hasan Rizvi,J.)

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