Arunendra Pratap Singh and Another Vs Chetram and… — Writ and Judicial Review | Allahabad HC (2025)

Arunendra Pratap Singh and Another Vs Chetram and… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Direction issued to the learned Civil Judge, Senior Division, Court No.20, Barabanki to decide the application under Order XXXIX, Rules 1 and 2 CPC pending in Regular Suit No.425 of 2024: Arunendra Pratap Singh and another Vs. Chet Ram and others, expeditiously in accordance with law without granting any unnecessary adjournment to any of the parties, preferably on the next date fixed i.e. 09.12.2025.

Issue for consideration

Whether a direction should be issued to the learned Civil Judge, Senior Division, Court No.20, Barabanki to expeditiously decide the application under Order XXXIX, Rules 1 and 2 CPC pending in Regular Suit No.425 of 2024.

Court's answer

When a Civil Judge does not find a good ground for passing an ex-parte order of temporary injunction and issues notices on the application, then immediately after appearance of the parties the application for temporary injunction should be decided expeditiously without any delay, to prevent the ends of justice being frustrated.

Ratio / Principle

This court disposed of the Article 227 petition and directed the learned Civil Judge, Senior Division, Court No.20, Barabanki to decide the application under Order XXXIX, Rules 1 and 2 CPC pending in Regular Suit No.425 of 2024 expeditiously, in accordance with law, without granting unnecessary adjournment to any party, preferably on the next date fixed, i.e. 09.12.2025.

Detailed headnote1 paragraphs

Article 227 (expedite) petition — disposed of. The Allahabad High Court (Lucknow Bench), Subhash Vidyarthi, J., directed the Civil Judge, Senior Division, Court No.20, Barabanki to decide expeditiously the pending application under Order XXXIX, Rules 1 and 2 CPC (temporary injunction) in Regular Suit No.425 of 2024, preferably on the next date fixed, 09.12.2025, without unnecessary adjournments. Notice to remaining opposite parties dispensed with as respondent nos.6-8 had appeared through vakalatnama and raised no objection to expedition. Court observed that where a Civil Judge, instead of passing an ex-parte temporary injunction, issues notices on the injunction application, the application must be decided promptly once the parties appear.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 6964 of 2025

Arunendra Pratap Singh And Another

.....Petitioner(s)

Versus

Chetram And 7 Others

.....Respondent(s)

Counsel for Petitioner(s) : Prem Chandra Chauhan, Arvind Kumar, Ravindra Kumar Counsel for Respondent(s) :

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Heard Sri P.C. Chauhan, the learned counsel for the petitioners, Sri Ajeet Kumar, the learned counsel who has put in appearance on behalf of opposite parties no.6 to 8 and filed his vakalatnama, which is taken on record.

Keeping in view the reliefs sought and the order proposed to be passed issuance of notice to the remaining opposite parties is dispensed with.

By means of the instant petition filed under Article 227 of the Constitution of India the petitioners have sought issuance of a direction to the learned Civil Judge, Senior Division, Court No.20, Barabanki to expeditiously decide application under Order XXXIX, Rules 1 and 2 CPC pending in Regular Suit No.425 of 2024: Arunendra Pratap Singh and another Vs. Chet Ram and others.

The learned counsel for the opposite parties no.6 to 8 states that the opposite parties have filed objections against the application and those should be taken into consideration while deciding the application which is fixed for 09.12.2025. He stated that he has no objection against the application being decided expeditiously.

When a Civil Judge does not find a good ground for passing an ex-parte order of temporary injunction and issues notices on the

A227 No. 6964 of 2025

2

application, it is necessary to prevent the ends of justice that immediately after appearance of the parties the application for temporary injunction should decided expeditiously without any delay.

In these circumstances, the petition is disposed of and a direction is issued to learned Civil Judge, Senior Division, Court No.20, Barabanki to decide application under Order XXXIX, Rules 1 and 2 CPC pending in Regular Suit No.425 of 2024: Arunendra Pratap Singh and another Vs. Chet Ram and others expeditiously in accordance with law without granting any unnecessary adjournment to any of the parties, preferably on the next date fixed i.e. 09.12.2025.

(Subhash Vidyarthi,J.)

December 1, 2025 Ram.

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