Allahabad High Court
SMT. BABITA GOSWAMI AND ANOTHERversusCHHATRAPAL SINGH AND 4 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court may issue a procedural direction compelling a lower court to decide a pending temporary injunction application within a specified period, without deciding the merits of the underlying dispute.
Summary
A writ petition under Article 227 was filed by Smt. Babita Goswami and another seeking a direction to the Civil Judge (Senior Division), Gautam Buddh Nagar, to decide a pending temporary injunction application (6‑C) in Suit No. 1398 of 2024. The petitioners contended that the injunction application had remained undecided for an unreasonable period. The High Court, noting that no substantive merits needed to be decided, disposed of the writ petition at the admission stage and 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. No counter‑affidavit was called for and no notice was issued to private respondents. The Court expressly clarified that it had not adjudicated the merits of the underlying suit.
Issues considered
- Whether the High Court can issue a mandatory time‑bound direction to a subordinate court to decide a pending temporary injunction application.
- Whether a writ petition under Article 227 may be disposed of at the admission stage without hearing the respondents.
Subjects
- Article 227
- temporary injunction
- writ petition
- civil procedure
- court delay
- intermediate appellate jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12195 of 2026
Smt. Babita Goswami And Another
.....Petitioner(s)
Versus
Chhatrapal Singh And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Kumar Singh, Vikas Chandra
Counsel for Respondent(s) : Kaushalendra Nath Singh
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Senior Division), Gautam Buddh Nagar to decide the temporary injunction
application 6-C filed in Suit No. 1398 of 2024 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. 1398 of 2024 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), Gautam Buddh Nagar to decide the
temporary injunction application (6-C) filed in Suit No. 1398 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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