High Court · 2025

1. In the suit instituted by plaintiffs-respondent nos. 1 and 2, an application for grant of temporary injunction was moved. As the application kept pending, plaintiffs had approached this Court through Matters under Article 227 No. 12279 of 2024 which was disposed of on 03.10.2024 requiring the trial court to proceed with 6-C application and decide the same, within three months. An interim order was also granted for the period of three months. It seems that plaintiffs had filed the order passed by co-ordinate Bench of this Court in the month of January, 2025.

2. Petitioners, before this Court, who are defendants in the suit had filed their objections that as the application was pending consideration, they shall be permitted to raise the construction. They filed Matters under Article 227 No. 2015 of 2024 seeking expeditious disposal of the 6-C application. This Court on

28.02.2025 directed the court below to strictly comply the earlier order and passed the following order:- "1. This writ petition has been filed with the following prayers; "1. Issue an appropriate order or direction, calling for record, and setting aside the order dated 11.02.2025 passed by the Civil Judge, Junior Division, Azamgarh in Original Suit No. 1105 of 2024 (Rajshri and Another v Sachin Singh and Others) (Annexure-1);

2. Issue an appropriate order or direction directing the Civil Judge, Junior Division, Azamgarh to decide the 6C application pending in Original Suit No. 1105 of 2024 (Rajshri and Another v Sachin Singh and Others) on the next date fixed, after hearing the parties."

2. It is contended by learned counsel for the defendant petitioners that in an injunction suit filed by plaintiff respondents an application for grant of temporary injunction 6C2 was moved in which notices were issued. He then contended that plaintiff respondents had approached this Court through the Matters Under Article 227 No. 12279 of 2024 wherein the writ Court on 03.10.2024 directed the court below to proceed with the temporary injunction application and decide the same within three months and till decision on temporary injunction application the Court had directed the parties to maintain status quo as on date.

3. Learned counsel for petitioners submits that the order of writ Court dated 03.10.2024 was not filed by plaintiff respondents and it was for the first time placed on 04.01.2025. He submits that on 11.02.2025 the court below had directed the Superintendent of Police, Azamgarh for issuance of necessary orders in regard to the suit property.

4. I have heard learned counsel for petitioners and perused the material on record. From perusal of order sheet, it transpires that suit was instituted on 28.08.2024 and on the same date the court concerned on application 6C2 had issued notices to the defendants without granting any injunction order. The defendants, as it appears from the order sheet, had put in appearance on 30.09.2024 but no objection to the temporary injunction application was filed. The matter was, thereafter, listed on 18.10.2024, 10.11.2024, 04.01.2025 and 05.02.2025. On 05.02.2025, the court proceeded to allow the amendment application and as it was not opposed by defendants. Despite their appearance before the court the counsel had not appeared when the amendment application was heard.

5. By the order impugned the court below had directed that the order dated 05.02.2025 be complied forthwith and in view of directions of coordinate Bench of this Court dated 03.10.2024 Superintendent of Police, Azamgarh was directed to issue necessary orders. Further, the defendant petitioners was granted time to file objections to the temporary injunction application.

6. I find that as application 6C2 is pending consideration before the court concerned and till date the defendants had not filed their objection, this Court directs the defendant petitioners to file their objection alongwith certified copy of this order, if any, within a period of two weeks from today and, in case, same is filed, the court concerned shall make every endeavour to decide the application 6C2, strictly in accordance with law, after hearing all the affected parties, within next one month.

7. With the aforesaid directions, writ petition stands disposed of."

3. Now, this is a second writ petition on behalf of defendants- petitioners seeking expeditious disposal of the objection 27Ga and also seeking prayer to permit the petitioners to raise construction over the property in dispute.

4. Learned counsel for the petitioners submits that the earlier order dated 03.10.2024 granted by this Court in Matters under Article 227 No. 12279 of 2024 had come to an end in the month of January, 2025 and interim order was only for a maximum period of three months and in the garb of the said order, plaintiffs- respondent nos. 1 and 2 were lingering on the matter and not letting the court below to proceed with 6-C application.

5. This Court finds that there was a repeated order of this Court to trial court to decide the 6-C application on 28.02.2025.

6. This Court though not exercising contempt jurisdiction finds that officer concerned is deliberately not proceeding with 6-C application and deciding the same despite there being two orders of this Court, one dated 03.10.2024 and the other dated

28.02.2025.

7. As a last opportunity, three weeks and no more time is granted to trial court to proceed with 6-C application and decide the same, strictly in accordance with law, considering the objections filed by defendants-petitioners. The trial court shall communicate the order passed by it on 6-C application to this Court through Registrar (Compliance). In case, the said application is not decided in the period prescribed above, defendants shall be at liberty to raise construction treating the order dated 03.10.2024 to have lapsed.

8. With the aforesaid observations, writ petition stands disposed of.

9. Registrar (Compliance) to communicate this order to trial court, within 48 hours. Order Date :- 9.5.2025 V.S.Singh VIDYA SAGAR SINGH High Court of Judicature at Allahabad

1. In the suit instituted by plaintiffs-respondent nos. 1 and 2, an application for grant of temporary injunction was moved. As the application kept pending, plaintiffs had approached this Court through Matters under Article 227 No. 12279 of 2024 which was disposed of on 03.10.2024 requiring the trial court to proceed with 6-C application and decide the same, within three months. An interim order was also granted for the period of three months. It seems that plaintiffs had filed the order passed by co-ordinate Bench of this Court in the month of January, 2025.

2. Petitioners, before this Court, who are defendants in the suit had filed their objections that as the application was pending consideration, they shall be permitted to raise the construction. They filed Matters under Article 227 No. 2015 of 2024 seeking expeditious disposal of the 6-C application. This Court on

28.02.2025 directed the court below to strictly comply the earlier order and passed the following order:- "1. This writ petition has been filed with the following prayers; "1. Issue an appropriate order or direction, calling for record, and setting aside the order dated 11.02.2025 passed by the Civil Judge, Junior Division, Azamgarh in Original Suit No. 1105 of 2024 (Rajshri and Another v Sachin Singh and Others) (Annexure-1);

2. Issue an appropriate order or direction directing the Civil Judge, Junior Division, Azamgarh to decide the 6C application pending in Original Suit No. 1105 of 2024 (Rajshri and Another v Sachin Singh and Others) on the next date fixed, after hearing the parties."

2. It is contended by learned counsel for the defendant petitioners that in an injunction suit filed by plaintiff respondents an application for grant of temporary injunction 6C2 was moved in which notices were issued. He then contended that plaintiff respondents had approached this Court through the Matters Under Article 227 No. 12279 of 2024 wherein the writ Court on 03.10.2024 directed the court below to proceed with the temporary injunction application and decide the same within three months and till decision on temporary injunction application the Court had directed the parties to maintain status quo as on date.

3. Learned counsel for petitioners submits that the order of writ Court dated 03.10.2024 was not filed by plaintiff respondents and it was for the first time placed on 04.01.2025. He submits that on 11.02.2025 the court below had directed the Superintendent of Police, Azamgarh for issuance of necessary orders in regard to the suit property.

4. I have heard learned counsel for petitioners and perused the material on record. From perusal of order sheet, it transpires that suit was instituted on 28.08.2024 and on the same date the court concerned on application 6C2 had issued notices to the defendants without granting any injunction order. The defendants, as it appears from the order sheet, had put in appearance on 30.09.2024 but no objection to the temporary injunction application was filed. The matter was, thereafter, listed on 18.10.2024, 10.11.2024, 04.01.2025 and 05.02.2025. On 05.02.2025, the court proceeded to allow the amendment application and as it was not opposed by defendants. Despite their appearance before the court the counsel had not appeared when the amendment application was heard.

5. By the order impugned the court below had directed that the order dated 05.02.2025 be complied forthwith and in view of directions of coordinate Bench of this Court dated 03.10.2024 Superintendent of Police, Azamgarh was directed to issue necessary orders. Further, the defendant petitioners was granted time to file objections to the temporary injunction application.

6. I find that as application 6C2 is pending consideration before the court concerned and till date the defendants had not filed their objection, this Court directs the defendant petitioners to file their objection alongwith certified copy of this order, if any, within a period of two weeks from today and, in case, same is filed, the court concerned shall make every endeavour to decide the application 6C2, strictly in accordance with law, after hearing all the affected parties, within next one month.

7. With the aforesaid directions, writ petition stands disposed of."

3. Now, this is a second writ petition on behalf of defendants- petitioners seeking expeditious disposal of the objection 27Ga and also seeking prayer to permit the petitioners to raise construction over the property in dispute.

4. Learned counsel for the petitioners submits that the earlier order dated 03.10.2024 granted by this Court in Matters under Article 227 No. 12279 of 2024 had come to an end in the month of January, 2025 and interim order was only for a maximum period of three months and in the garb of the said order, plaintiffs- respondent nos. 1 and 2 were lingering on the matter and not letting the court below to proceed with 6-C application.

5. This Court finds that there was a repeated order of this Court to trial court to decide the 6-C application on 28.02.2025.

6. This Court though not exercising contempt jurisdiction finds that officer concerned is deliberately not proceeding with 6-C application and deciding the same despite there being two orders of this Court, one dated 03.10.2024 and the other dated

28.02.2025.

7. As a last opportunity, three weeks and no more time is granted to trial court to proceed with 6-C application and decide the same, strictly in accordance with law, considering the objections filed by defendants-petitioners. The trial court shall communicate the order passed by it on 6-C application to this Court through Registrar (Compliance). In case, the said application is not decided in the period prescribed above, defendants shall be at liberty to raise construction treating the order dated 03.10.2024 to have lapsed.

8. With the aforesaid observations, writ petition stands disposed of.

9. Registrar (Compliance) to communicate this order to trial court, within 48 hours. Order Date :- 9.5.2025 V.S.Singh VIDYA SAGAR SINGH High Court of Judicature at Allahabad