Allahabad High Court

DUSHYANT SINGH AND 2 OTHERSversusDINESH AND 2 OTHERS

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The Court disposed of the writ petition without adjudicating merits and directed the Civil Judge to decide the interim injunction application within a month.

Summary

The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Aligarh, to decide an interim injunction application filed in Original Suit No. 723 of 2024. The High Court observed that keeping the matter pending would serve no useful purpose and 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 Civil Judge to decide the interim injunction application in accordance with law, after hearing all affected parties, preferably within one month of the certified copy of the order. It clarified that no merits of the underlying dispute were adjudicated. Consequently, the writ petition stands disposed.

Issues considered

Whether a writ petition under Article 227 can be entertained to direct a lower court to decide an interim injunction application pending in a civil suit.

Subjects

Article 227
writ petition
interim injunction
Civil Judge
jurisdiction
admission stage

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12233 of 2026

                                    Dushyant Singh And 2 Others
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Dinesh And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                     :   Neeraj Kumar Pandey
                                    Counsel for Respondent(s)                     :


                                    Court No. - 9
                                                    HON'BLE ROHIT RANJAN AGARWAL, J.

                                    1. This writ petition has been filed seeking a direction upon learned Civil
                                    Judge (Senior Division), Aligarh to decide the interim injunction application
                                    (Paper No.7-C) filed in Original Suit No.723 of 2024.

                                    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 Civil Judge (Senior Division), Aligarh to decide the interim injunction
                                    application (Paper No.7-C) filed in Original Suit No.723 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.

                                    3. With the aforesaid direction, present writ petition stands disposed of.

                                    4. It is made clear that this Court has not adjudicated the case on merit.



                                                                                       (Rohit Ranjan Agarwal,J.)
                                    September 8, 2026
                                    SK Goswami




Digitally signed by :-
SHIVAKANT GOSWAMI
High Court of Judicature at Allahabad

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