Vivek Singh vs Rajitram
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Allahabad High Court

Vivek Singh vs Rajitram on 19 March, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:20092
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW  
 
MATTERS UNDER ARTICLE 227 No. - 1120 of 2026    
 
   Vivek Singh    
 
  .....Petitioner(s)   
 
 Versus  
 
   Rajitram    
 
  .....Respondent(s)        
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Ravindra Kumar Dwivedi   
 
  
 
Counsel for Respondent(s)   
 
:   
 
 
 
   
 
      
 
 Court No. - 17
 
    
 
 HON'BLE SUBHASH VIDYARTHI, J.       

1. Heard Shri Ravindra Kumar Dwivedi, the learned counsel for the petitioner .

2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Civil Judge (S.D.), Ambedkar Nagar to decide the temporary injunction application pending in Regular Suit No.4293 of 2024 expeditiously.

3. The aforesaid suit has been filed for specific performance of contract and he has filed an application for temporary injunction restraining the defendant-opposite party from creating any third party rights during pendency of the suit. The trial Court had issued notices to the defendant and in the order dated 30.04.2025, it has recorded that the service of notice is deemed sufficient by publication in a newspaper. Thereafter, the suit was ordered to proceed ex-parte on 27.08.2025. After passing of the aforesaid order, the defendant has put in appearance on 27.08.2025 itself. Thereafter, the defendant filed an application for recall on 24.11.2025 and the petitioner has filed objections against the recall application on 27.11.2025. When the trial court does not pass an ex-parte order of temporary injunction and deems it appropriate to decide the aforesaid application after notice to the defendant, it is necessary that the application for temporary injunction be decided expeditiously.

4. 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".

5. Accordingly, the present petition is disposed off by issuing a direction to learned Civil Judge (S.D.), Ambedkar Nagar to decide the temporary injunction application pending in Regular Suit No.4293 of 2024 expeditiously, in accordance with law, without granting any unnecessary adjournment to any of the parties and by fixing dates at short intervals and keeping in view the aforesaid circular dated 16.08.2017.

(Subhash Vidyarthi,J.)

March 19, 2026

-Amit K-