Swyamprabha and 2 Others vs Munna Lal and 2 Others — Writ and Judicial Review | Allahabad HC (2026)

Swyamprabha and 2 Others vs Munna Lal and 2 Others — Writ and Judicial Review | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Direction to the Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri to decide the temporary injunction application filed in Regular Suit No.43 of 2025 expeditiously, in accordance with law, without granting unnecessary adjournments and by fixing dates at short intervals.

Issue for consideration

Whether the order dated 03.02.2025 passed by the Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri in Regular Suit No.43 of 2025, declining an ex-parte order of temporary injunction and issuing notice to the defendants, is valid. +1 more

Court's answer

The petitioners did not press the challenge to the validity of the order dated 03.02.2025, since the defendants had already put in appearance before the trial Court and filed objections against the temporary injunction application; the challenge to the impugned order was accordingly left undecided.

Ratio / Principle

The petition is disposed of by directing the Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri to decide the temporary injunction application filed in Regular Suit No.43 of 2025 expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals.

Detailed headnote1 paragraphs

Matters Under Article 227 No. 169 of 2026 (Allahabad High Court, Lucknow Bench, Subhash Vidyarthi, J., 20.01.2026): Petition under Article 227 of the Constitution of India challenging the order dated 03.02.2025 of the Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri in Regular Suit No.43 of 2025, whereby the trial Court issued notice to the defendants finding no ground to pass an ex-parte order of temporary injunction. The learned counsel for the petitioners did not press the challenge, the defendants having already appeared and filed objections to the temporary injunction application, and confined the prayer to a direction for expeditious disposal. Noting the Court's Circular Letter dated 16.08.2017 (C.L. No.24/Admin. 'G-II') requiring temporary injunction applications to be disposed of within six months, failing which reasons are to be recorded in the order sheet, the petition was disposed of with a direction to decide the temporary injunction application expeditiously, in accordance with law, without unnecessary adjournments and by fixing dates at short intervals.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 169 of 2026

Swyamprabha And 2 Others

.....Petitioner(s)

Versus

Munna Lal And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Alok Kr. Misra Counsel for Respondent(s) :

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

Heard Shri Alok Kr. Misra, the learned counsel for the petitioners.

By means of the instant petition filed under Article 227 of the Constitution of India, the petitioners have challenged the validity of an order dated 03.02.2025 passed by the Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri in Regular Suit No.43 of 2025 whereby the trial Court issued notice to the defendants as it found no ground to pass an ex-parte order of temporary injunction.

After advancing submissions at some length, the learned counsel for the petitioners submitted that he does not want to press the challenge to the validity of the order dated 03.02.2025 as the defendants have already put in appearance before the trial Court and have filed objections against the temporary injunction application. He has confined his prayer for issuing a direction to the Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri for expeditious disposal of the temporary injunction application.

Further, this Court has issued a Circular Letter dated 16.08.2017 (C.L. No.24/Admin. 'G-II' Dated: Allahabad 16.08.2017) regarding time bound disposal of the interim injunction application which provides that "it is necessary that the temporary injunction application shall be disposed of within six months, failing which they shall have to record reasons in the order sheet".

In view of the aforesaid facts, the instant petition is disposed off by issuing a direction to Civil Judge (J.D.), Mohammadi, Lakhimpur Kheri to decide the temporary injunction application filed in Regular Suit No.43 of

A227 No. 169 of 2026

2

2025 expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals.

January 20, 2026 -Amit K-

(Subhash Vidyarthi,J.)

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