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Allahabad High Court

SMT. MANJULA VYAS AND ANOTHERversusHARI OM HOUSING SOCIETY PVT. LTD. AND 3 OTHERS

Decided

Holding

The writ petition is disposed of, and the Small Causes Court, Agra, is directed to decide the Order 39 Rule 4 application expeditiously.

Summary

The petitioners, Smt. Manjula Vyas and another, filed a writ petition under Article 227 seeking the disposal of an application filed under Order 39 Rule 4 of the CPC in Civil Suit No. 1416 of 2025, where an ex parte interim injunction had been granted. The petitioners argued that the pending application should be decided promptly and that the writ petition was unnecessary while the suit was ongoing. The Court observed that keeping the writ petition pending served no useful purpose since the underlying civil suit and the Order 39 application were still pending. Consequently, the Court disposed of the writ petition and directed the Small Causes Court, Agra, to decide the Order 39 application expeditiously, without unnecessary adjournments, subject to any legal impediment. The order was pronounced on 18 May 2026.

Issues considered

  • Whether a writ petition under Article 227 is maintainable when the relief sought pertains to an application pending in the underlying civil suit under Order 39 Rule 4 CPC.
  • Whether the High Court should direct the lower court to decide the Order 39 application expeditiously.

Legislation cited

Subjects

  • Article 227
  • writ petition
  • interim injunction
  • ex parte order
  • Order 39 Rule 4
  • adjournment
  • Small Causes Court
  • expeditious disposal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                    MATTERS UNDER ARTICLE 227 No. - 6819 of 2026

                                    Smt. Manjula Vyas And Another
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Hari Om Housing Society Pvt. Ltd. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Aman Kumar Srivastava
                                    Counsel for Respondent(s)                 :

                                    Court No. - 5
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Heard Sri Aman Kumar Srivastava, learned counsel for the
                                    petitioners/defendants.

                                    2. In view of the order, which is being proposed to be passed today, notices
                                    are not being issued to the plaintiff/respondent and respondents.

                                    3. Learned counsel for the defendant/petitioner submits that though an
                                    exparte interim injunction order came to be passed on 14.11.2025 in Civil
                                    Suit No-1416 of 2025 (Hari Om Housing Society Pvt. Ltd. Vs Smt. Ruchi
                                    Awasthi and others), against which on 21.11.2025, an application under
                                    Order 39 Rule 4 CPC has been preferred, but the petitioner confines his
                                    relief for disposal of the application on the next date fixed and if not, on the
                                    next date thereafter.

                                    4. Since the above-mentioned case is pending, no useful purpose would be
                                    served in keeping this petition pending.

                                    5. In view of the above, this writ petition stands disposed of with a direction
                                    to the Judge, Small Causes Court, Agra to decide the application of the
                                    petitioner filed under Order 39 Rule 4 CPC in Civil Suit No-1416 of 2025 (
                                    Hari Om Housing Society Pvt. Ltd. Vs Smt. Ruchi Awasthi and others),
                                    expeditiously, without granting any unnecessary adjournments, subject to
                                     legal impediment.

                                    May 18, 2026
                                    N.S.Rathour

                                                                                              (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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