Allahabad High Court
JAGANNATH PRASAD AND ANOTHERversusSHAHEEN BANO AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, without adjudicating merits, and directed the lower court to decide the injunction application within a month.
Summary
The petitioners filed a writ petition under Article 227 seeking an order for the speedy disposal of a temporary injunction application (15-C) filed in the original suit No. 2545 of 2024. The High Court noted that the petition offered no substantive issue for adjudication and that the matter could be dealt with by the lower court. Consequently, the writ petition was disposed of at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the subordinate court to decide the injunction application within one month of receiving a certified copy of the order. The Court expressly stated that it had not decided the merits of the underlying dispute.
Issues considered
- Whether a writ petition under Article 227 can be entertained solely for directing expeditious disposal of an application filed in an original suit
- Whether the High Court may dispose of such a petition at the admission stage without hearing the parties or issuing notice
Subjects
- Article 227
- writ petition
- temporary injunction
- expeditious disposal
- admission stage
- procedural direction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12180 of 2026
Jagannath Prasad And Another
.....Petitioner(s)
Versus
Shaheen Bano And Another
.....Respondent(s)
Counsel for Petitioner(s) : Dhiresh Kumar
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is defendants' petition.
2. In the suit filed by plaintiffs-respondents, a counter claim has been filed
by defendants. In the said counter claim, he has moved an application 15-C
on 13.07.2026 seeking temporary injunction. The sole prayer made in the
writ petition is for expeditious disposal of the application 15-C.
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 court concerned to decide the application 15-C filed in Original Suit
No. 2545 of 2024, 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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