Allahabad High Court
SMT. VIMLA DEVIversusINDRA BAHADUR AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Additional Civil Judge to decide the pending temporary injunction application within one month, without deciding the merits of the case.
Summary
The petitioner, Smt. Vimla Devi, filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division), Court No. 11, Prayagraj, to decide a pending temporary injunction application (Form 6‑C) in Civil Suit No. 1519 of 2025. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that the matter was pending without any useful purpose, disposed of the writ petition at the admission stage, without calling for a counter‑affidavit or issuing notice to private respondents. The Court directed the Additional Civil Judge to hear all affected parties and decide the injunction application within one month of receiving a certified copy of the order, in accordance with law. The Court expressly stated that it had not adjudicated the merits of the underlying suit.
Issues considered
- Whether the High Court can, under Article 227, issue a mandatory direction to a lower civil court to decide a pending temporary injunction application within a specified time.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit
- judicial direction
- procedural order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12184 of 2026
Smt. Vimla Devi
.....Petitioner(s)
Versus
Indra Bahadur And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raghvendra Pratap Singh, Shvetambari
Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Additional Civil
Judge (Junior Division), Court No. 11, Prayagraj to decide the temporary
injunction application 6-C filed in Suit No. 1519 of 2025 within a time frame
fixed by this Court.
2. It is contended by learned counsel for the petitioner that 6-C application
filed by petitioner in Civil Suit No. 1519 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 Additional Civil Judge (Junior Division), Court No. 11, Prayagraj to
decide the temporary injunction application (6-C) filed in Suit No. 1519 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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