Allahabad High Court
Durga Prasad vs Civil Judge, Junior Division, Court ... on 31 May, 2022
Author: Sangeeta Chandra
Bench: Sangeeta Chandra
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 5 Case :- MATTERS UNDER ARTICLE 227 No. - 2042 of 2022 Petitioner :- Durga Prasad Respondent :- Civil Judge, Junior Division, Court No.16, Rae Bareilly And Another Counsel for Petitioner :- Pramod Kumar Shukla,Ashish Kumar Mishra Hon'ble Mrs. Sangeeta Chandra,J.
This petition has been filed praying for a direction to be issued to opposite party no.1 to consider and decide the application preferred by the petitioner under Order 39 Rule 1 and 2 CPC in Original Suit No.1290/2022 filed in the Court of Civil Judge (Junior Division), Court No.16, Raebareli in the nature of permanent injunction against the opposite party no.2.
It has been submitted by the learned counsel for the petitioner that the petitioner had preferred the suit for permanent injunction against the opposite party no.2 in which an application for temporary injunction has also been filed. Till date the application for temporary injunction has not been decided.
This Court has perused the plaint filed by the petitioner. it appears that the plaint was filed only on 10.05.2022 along with the application for temporary injunction. The petition has been filed on 25.7.2022. Prayer made in this petition cannot be granted as it cannot be presumed that the trial court shall not proceed in accordance with law and perform its duty as envisaged under the rules.
With the aforesaid, the petition is disposed of.
Order Date :- 31.5.2022 mks