Allahabad High Court
MANGALU SINGH AND 25 OTHERSversusDHARAMVEER (DECEASED) AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Civil Judge (Junior Division), Mawana, Meerut to decide the temporary injunction application within one month of receipt of the certified order.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Mawana, Meerut, to decide a pending temporary injunction application (6-C) in Suit No. 49 of 2011. The petitioners 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 lower court to decide the injunction application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The writ petition was thereby disposed, and the Court expressly stated that it had not adjudicated the merits of the underlying suit.
Issues considered
- Whether the High Court should issue a direction to the lower court to decide a pending temporary injunction application within a specified time frame
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit No. 49 of 2011
- direction to lower court
- high court disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12199 of 2026
Mangalu Singh And 25 Others
.....Petitioner(s)
Versus
Dharamveer (Deceased) And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Satyendra Kumar Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Junior Division), Mawana, Meerut to decide the temporary injunction
application 6-C filed in Suit No. 49 of 2011 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. 49 of 2011 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 (Junior Division), Mawana, Meerut to decide the
temporary injunction application (6-C) filed in Suit No. 49 of 2011, 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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