Allahabad High Court
SMT. MANJULA VYAS AND ANOTHERversusHARI OM HOUSING SOCIETY PVT. LTD. AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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
- Code of Civil Procedure, 1908 — s. Order 39 Rule 4
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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