Allahabad High Court
HABIBversusKULDEEP KUMAR AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of without merits, with a direction to the trial court to decide the pending application within two months.
Summary
The petitioner filed a writ petition seeking speedy disposal of an application under Order XXXIX Rule 2A of the CPC, which was filed after the defendants allegedly violated a temporary injunction granted by the trial court. The High Court noted that the writ petition had no substantive issue to be decided and that the pending application could be dealt with by the trial court. Consequently, the Court disposed of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to the private respondents. The Court directed the trial court to decide the pending application within two months of receiving the certified copy of this order. The Court expressly stated that it had not adjudicated the merits of the underlying dispute.
Issues considered
- What procedural steps are appropriate for disposing of a writ petition seeking expeditious disposal of a pending application under Order XXXIX Rule 2A CPC?
Legislation cited
- Code of Civil Procedure, 1908 — s. Order XXXIX Rule 2A
Subjects
- temporary injunction
- Order XXXIX Rule 2A
- writ petition
- expeditious disposal
- Civil Procedure Code
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12182 of 2026
Habib
.....Petitioner(s)
Versus
Kuldeep Kumar And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dharmendra Pratap Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiff's petition. In the suit filed by plaintiff, an application
for grant of temporary injunction was moved which was allowed by trial
court. According to petitioner, as defendants have violated the interim
injunction, an application under Order XXXIX Rule 2A CPC was filed,
which is pending consideration. The sole prayer made in the writ petition
is for expeditious disposal of the same.
2. 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 Misc. Case No. 35 of 2026
filed by plaintiff-petitioner under Order XXXIX Rule 2A CPC in Original
Suit No. 2949 of 2025, in accordance with law, after hearing all affected
parties, preferably within a period of two months from the date of
production of certified copy of this order.
3. With the aforesaid directions, writ petition stands disposed of.
4. 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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