Allahabad High Court
Naresh Soni And 3 Others vs Fourth Apar Civil Judge Junior Division ... on 4 June, 2025
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:34553 Court No. - 13 Case :- MATTERS UNDER ARTICLE 227 No. - 3796 of 2025 Petitioner :- Naresh Soni And 3 Others Respondent :- Fourth Apar Civil Judge Junior Division Gonda And 5 Others Counsel for Petitioner :- Suneel Kumar Singh Kalhans,Shikha Srivastava Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners.
2. In view of order being proposed to be passed, notices to opposite parties stand dispensed with.
3. Supplementary affidavit filed today is taken on record.
4. Petition under Article 227 of the Constitution of India has been filed seeking a direction to the court concerned for expeditious disposal of application for interim injunction in Regular Suit No.1400 of 2020 (Rajendra Pratap Soni versus Smt. Bazbunnisha) instituted by petitioner for cancellation of will deed. Further prayer for a direction for maintenance status quo over the property and from raising further construction over Gata No.970, having an area of 0.24 dismal situated in Village Chaubepur, Pargana and Tehsil Mankapur, District Gonda has also been sought.
5. It has been submitted that till date notice has not been issued to sole defendant but since construction was being raised by defendant over the property in dispute thereby changing its nature, an application for interim injunction was filed in which the next date fixed is 05.07.2025. It is submitted that there is grave urgency in the matter since in case interim injunction is not granted, the very nature of suit property would change.
6. Considering submissions advanced by learned counsel for petitioners and upon perusal of material on record, it appears that next date fixed for hearing on application for interim injunction is 05.07.2025. It appears that till date the defendant has not put in appearance probably because notice has not been issued.
7. In such circumstances, opposite party no.1 i.e. Fourth Apar Civil Judge (Junior Division), Gonda is directed to decide the pending application for injunction in Regular Suit No.1400 of 2020 (Rajendra Pratap Soni versus Smt. Bazbunnisha) expeditiously, preferably within a period of six weeks from the date service report regarding service of notice upon defendant is brought on record of proceedings.
8. In the meantime, trial court may consider grant of interim injunction to the plaintiff in case he is able to make out a case for same. For the said purpose, liberty is granted to petitioner/ plaintiff to file an application seeking preponement of date on hearing for application for interim relief which shall be considered and decided at the earliest.
9. With the aforesaid direction, the petition stands disposed of.
Order Date :- 4.6.2025 Subodh/-