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Allahabad High Court

JAYRAM SINGHversusHARISH KUMAR AND 2 OTHERS

Decided

Holding

The High Court directed the Civil Judge to decide the pending temporary injunction application within one month and disposed of the writ petition without adjudicating the merits.

Summary

The petitioner, Jayram Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Bareilly, to decide a pending temporary injunction application filed in Suit No. 770 of 2023 under Order XXXIX Rule 1 and 2 of the CPC. The petitioner argued that the lower court had not yet ruled on the injunction and that continued delay served no useful purpose. The High Court, after admitting the petition, declined to call for a counter‑affidavit or issue notice to the private respondents, noting that it would not pass upon the merits. Instead, the Court directed the lower court to hear all affected parties and decide the injunction application within one month of the certified copy of the order. The writ petition was consequently disposed of without any substantive merits determination.

Issues considered

  • Whether the High Court, exercising its supervisory jurisdiction under Article 227, can issue a mandatory time‑bound direction to a subordinate court to decide a pending temporary injunction application under CPC Order XXXIX.
  • Whether a writ petition may be disposed of at the admission stage without issuing notice to the respondents.

Legislation cited

Subjects

  • Article 227
  • temporary injunction
  • CPC Order XXXIX
  • writ petition
  • direction to lower court
  • admission stage disposal

Judgment

                                                    HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     MATTERS UNDER ARTICLE 227 No. - 11878 of 2026

                                    Jayram Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Harish Kumar And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                    :   Vishwa Pratap Singh
                                    Counsel for Respondent(s)                    :   Sanjai Singh

                                    Court No. - 9
                                                       HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking direction upon Civil Judge
                                    (Senior Division), Bareilly to decide the temporary injunction application
                                    under Order XXXIX Rule 1 and 2 CPC filed in Suit No. 770 of 2023 within
                                    a time frame fixed by this Court.

                                    2. It is contended by learned counsel for the petitioner that temporary
                                    injunction application under Order XXXIX Rule 1 and 2 CPC filed by
                                    petitioner in Civil Suit No. 770 of 2023 is pending consideration and till date
                                    the same has not been decided by the court concerned.

                                    3. As no useful purpose would be served in keeping the matter pending, the
                                    writ petition is being disposed of, at the admission stage, without calling for
                                    counter affidavit or issuing notice to private respondents, with a direction
                                    upon Civil Judge (Senior Division), Bareilly to decide the temporary
                                    injunction application under Order XXXIX Rule 1 and 2 CPC filed in Suit
                                    No. 770 of 2023, in accordance with law, after hearing all affected parties,
                                    preferably within a period of one month from the date of production of
                                    certified copy of this order.

                                    4. With the aforesaid directions, writ petition stands disposed of.

                                    5. It is made clear that this Court has not adjudicated the matter on merits.



                                                                                      (Rohit Ranjan Agarwal,J.)
                                    September 9, 2026
                                    (V. S. SINGH)




Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad


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