Smt. Chandrawati and 3 Others Vs Civil Judge (Junior Division) F.T.C. Raibareli and 3 Others

i. To direct the opposite party no.1 to decide the pending temporary injunction application dated 05.01.2023 in Civil Suit No.52 of 2023 'Ram Ketar vs. Arjun Singh & Others" pending before opposite party no.1 expeditiously within a stipulated period as is fixed by this Hon'ble Court as contained in Annexure No.1 to this petition.

¶14

ii. To direct the opposite party no.1 to pass appropriate order for submitting report of the spot inspection in pursuance of the order dated 05.01.2023 as contained in Annexure No.6 to this petition.

¶15

iii. To direct the opposite parties not to change the nature of the land in question agricultural land of the petitioner's during the pendency of the above Civil Suit No.52 of 2023 "Ram Ketar vs. Arjun Singh & Others in the interest of justice."

¶16

Contention of the learned counsel appearing on behalf of the petitioners is that the late husband of the petitioner no.1 filed a suit for permanent injunction against the opposite parties no.2, 3, 4 in the Court of Civil Judge (Junior Division), Court No.16, Raebareli.

¶17

The said suit was registered as original suit no.52/53 [Ram Ketar vs. Arjun Singh & Others]. It is also submitted on behalf of the petitioners that an application under Order 39 Rule 1 and 2 of CPC seeking injunction against the aforesaid opposite parties was also filed along with the said suit.

¶18

A227 No. 6284 of 2025

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2

¶20

Learned Court vide order dated 05.01.2023 issued notices to the opposite parties and also issued direction to the Court Amin to carry out a spot inspection and to submit its report after having the said spot inspection done.

¶21

It is also brought to the notice of this Court that during the pendency of the aforesaid suit the husband of the petitioners namely Ram Ketar unfortunately died and the petitioners were impleaded as plaintiffs vide order dated 23.7.2025.

¶22

It is contended on behalf of the petitioners that although the notices were served on the contesting opposite parties but despite the fact that they have put in their appearance in the said suit but are avoiding to file their written statement, causing unnecessary delay in the disposal of the said suit.

¶23

The contention of the learned counsel for the petitioner is that they moved an application under Section 151 of the CPC dated 15.9.2025 before the Court of learned Additional Civil Judge (Junior Division) V Raebareli in the said suit having O.S. No.52/2023 which is pending since the year 2023. It is submitted on behalf of the petitioners that in the absence of any injunction in favour of the petitioners the opposite parties are creating serious problems causing irreparable loss and injury to the petitioners.

¶24

Looking to the facts as have been brought to the notice of this Court, I am of the view that no useful purpose would be served in keeping the present writ petition pending.

¶25

Accordingly, the present petition is disposed of with a direction to the Court concerned where the aforesaid suit is pending to expeditiously decide the aforesaid application dated 15.9.2025 filed under section 151 CPC strictly in accordance with law, say within a maximum period of 6 weeks from the date a certified copy of this order is presented before him.

¶26

It is made clear that this Court has not entered into the merits of the case. The court concerned while deciding the aforesaid application shall pass orders strictly in accordance with law, after affording due opportunity of hearing to the parties concerned and shall not grant any unnecessary adjournments to either of the parties.

¶27

Accordingly, the present writ petition is disposed of with the aforesaid observation and directions.

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October 31, 2025 mks

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(Syed Qamar Hasan Rizvi,J.)

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Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Chandrawati and 3 Others v. Civil Judge (Junior Division) F.T.C. Raibareli and 3 Others

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Smt. Chandrawati and 3 Others v. Civil Judge (Junior Division) F.T.C. Raibareli and 3 Others

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