Allahabad High Court

MITTHOO PRASADversusSMT MANJU DEVI AND 6 OTHERS

Decided: 7 September 2026
Bench: ROHIT RANJAN AGARWAL

Holding

The High Court disposed of the writ petition at the admission stage, directing the subordinate civil judge to decide the interim injunction application without adjudicating the merits.

Summary

The petitioner, Mitthoo Prasad, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Siddharth Nagar to decide an interim injunction application filed under Order XXXIX Rule 1 of the CPC in Miscellaneous Civil Suit No. 17 of 2025. The High Court examined whether the writ petition required further procedural steps such as a counter‑affidavit or notice to private respondents. Finding no merit in keeping the petition pending, the Court disposed of it at the admission stage, without calling for a counter‑affidavit or issuing notice. The Court directed the Civil Judge to decide the interim injunction application within one month of the certified copy of the order, after hearing all affected parties. It expressly clarified that it had not adjudicated the substantive merits of the underlying suit. Consequently, the writ petition stands disposed.

Issues considered

Whether the High Court should entertain the writ petition and issue a direction to the subordinate civil judge to decide the interim injunction application under Order XXXIX Rule 1 CPC
Whether procedural steps such as a counter‑affidavit or notice to private respondents are required before disposing of the writ petition at the admission stage

Legislation cited

Code of Civil Procedure, 1908 — s. Order XXXIX Rule 1

Subjects

interim injunction
Article 227
writ petition
Civil Procedure Code
admission stage disposal
procedural direction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 12239 of 2026

                                    Mitthoo Prasad
                                                                                                   .....Petitioner(s)
                                                                         Versus

                                    Smt Manju Devi And 6 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Sandeep       Kumar      Srivastava,      Stuti
                                                                       Tripathi
                                    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), Siddharth Nagar to decide the interim injunction
                                    application (Paper No.7C-1) filed under Order XXXIX Rule 1 CPC in Misc.
                                    Civil Suit No.17 of 2025.

                                    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), Siddharth Nagar to decide the interim
                                    injunction application (Paper No.7C-1) filed under Order XXXIX Rule 1
                                    CPC in Misc. Civil Suit No.17 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.

                                    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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