Allahabad High Court
Ajay Jaiswal And 3 Others vs Vineet Jaiswal @ Raju Jaiswal And 2 ... on 8 April, 2026
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2026:AHC:76483 HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 4395 of 2026 Ajay Jaiswal And 3 Others .....Petitioner(s) Versus Vineet Jaiswal @ Raju Jaiswal And 2 Others .....Respondent(s) Counsel for Petitioner(s) : Dhananjay Pundir, Sanjay Kumar Pundir Counsel for Respondent(s) : Sanjai Singh Court No. - 5 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Dhananjay Pundir, learned counsel for the petitioner and Sri Sanjai Singh, learned counsel for the respondent-defendant no. 3.
2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits thus with the consent of the parties, writ petition is being decided at the fresh stage.
3. The case of the writ petitioner is that an Original Suit No. 26 of 2026 came to be instituted before the Court of Civil Judge (Senior Division), Bhadohi (Ajay Jaiswal and others v. Vineet Jaiswal @ Raju Jaiswal and others) seeking declaratory reliefs and permanent temporary injunction. In the said suit, on being entertained on 02.02.2026, notices were issued fixing 05.03.2026 on temporary injunction/ paper 6-Ga, while observing that exparte injunction cannot be granted. Thereafter an urgency application came to be preferred which has been rejected on 19.02.2026 by Incharge, Civil Judge (Senior Division), Bhadohi in Original Suit No. 26 of 2026.
4. Questioning the order dated 19.02.2026, the petitioner has been filed the present writ petition.
5. Learned counsel for the plaintiff-petitioner has sought to argue that there happens to be an Amin report, according to which, entire activity of the company in question has been installed, the labours are migrating and the electricity has been disconnected. Submission is that the defendant in the said suit avoiding participation.
6. Prayer in the present petition is for setting aside the order dated 19.02.2026 and the respondents directing to consider the reliefs.
7. In the opinion of the Court, once a suit has been instituted which is pending and on 02.02.2026, notices have been issued and the trial court has denuded itself from granting exparte injunction order then it is for the plaintiff-petitioner to insist before the court below on the next date fixed in the matter for disposal of the temporary injunction application. In case such a procedure is adopted by the plaintiff-petitioner then the Court has no reason to disbelieve that the same shall be decided with most expedition.
8. Accordingly, the petition stands disposed of.
(Vikas Budhwar,J.) April 8, 2026 Ashu