Allahabad High Court
JAGJIWANversusVISHAL JAISWAL AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Senior Division), Mau to decide the pending temporary injunction application within one month, without adjudicating the merits of the case.
Summary
The petitioner, Jagjiwan, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Mau, to decide a pending temporary injunction application (6‑C2) filed in Suit No. 198 of 2025. The petitioner argued that the injunction application had been pending without decision, causing no useful purpose to be served by further delay. The High Court, after admitting the petition, declined to call for a counter‑affidavit or issue notice to private respondents, and instead directed the lower court to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The Court emphasized that it was not passing any judgment on the merits of the underlying suit. Consequently, the writ petition was disposed of at the admission stage.
Issues considered
- Whether the High Court can issue a direction under Article 227 for a lower court to decide a pending temporary injunction application
- Whether procedural steps such as calling for a counter‑affidavit or issuing notice to private respondents are required before granting such a direction
Subjects
- Article 227
- writ petition
- temporary injunction
- civil suit
- direction to lower court
- procedural order
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12176 of 2026
Jagjiwan
.....Petitioner(s)
Versus
Vishal Jaiswal And Another
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Senior Division), Mau to decide the temporary injunction application 6-C2
filed in Suit No. 198 of 2025 within a time frame fixed by this Court.
2. It is contended by learned counsel for the petitioner that 6-C2 application
filed by petitioner in Civil Suit No. 198 of 2025 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), Mau to decide the temporary injunction
application (6-C2) filed in Suit No. 198 of 2025, 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 8, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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