Allahabad High Court
RAJENDRA AND ANOTHERversusJAYCHAND AND 12 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The writ petition is disposed of at the admission stage without adjudicating the merits, with a direction to the lower court to decide the pending applications within two months.
Summary
The petitioners filed a writ petition under Article 227 seeking the speedy disposal of an amendment application and a temporary injunction application pending before the lower court in Case No. 636 of 2023. The petition sought only an order directing the lower court to expedite those applications. The High Court, noting that no substantive issue required adjudication and that the petition offered no useful purpose if kept pending, 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 lower court to decide both the amendment and injunction applications within two months of receiving a certified copy of the order, after hearing all affected parties. It was expressly stated that the High Court did not decide the merits of the underlying applications.
Issues considered
- Whether a writ petition seeking only an expeditious disposal of pending applications under Article 227 should be entertained and decided on merits
- Whether the High Court can dispose of such a petition at the admission stage without hearing the respondents
Subjects
- Article 227
- writ petition
- temporary injunction
- amendment application
- expeditious disposal
- court discretion
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12197 of 2026
Rajendra And Another
.....Petitioner(s)
Versus
Jaychand And 12 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akash Sharma
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. It is contended that an amendment application as well as an application for
grant of temporary injunction is pending consideration before court
below. The sole prayer made in the writ petition is for expeditious disposal
of both applications.
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 both amendment application (Paper No.
43A) as well as temporary injunction application (Paper No. 38C) filed in
Case No. 636 of 2023, 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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