Allahabad High Court
RAJARAMversusPRAMOD AND 7 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court disposed of the writ petition without adjudicating the merits, directing that any application under Order XXXIX Rule 2A CPC be filed within ten days and decided by the trial court within two months.
Summary
The petitioner filed a writ petition challenging the alleged violation of a temporary injunction granted by the trial court in a suit. The petitioner argued that the respondents had breached the injunction, but the petition did not involve an application under Order XXXIX Rule 2A of the CPC. The court observed that the appropriate remedy would be to file such an application within ten days, after which the trial court must decide it within two months. Consequently, the court found no merit in continuing the writ petition and ordered its disposal at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. The court expressly clarified that it had not adjudicated the substantive issues of the case. The writ petition was therefore disposed of, with directions for any future application under Order XXXIX Rule 2A CPC.
Issues considered
- Whether a writ petition challenging a breach of a temporary injunction is maintainable when the appropriate remedy is an application under Order XXXIX Rule 2A CPC
- Whether the court can dispose of the writ petition at the admission stage without hearing on the merits
Subjects
- temporary injunction
- writ petition
- Order XXXIX Rule 2A CPC
- admission stage disposal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12251 of 2026
Rajaram
.....Petitioner(s)
Versus
Pramod And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mahendra Pal Singh Gaur, Mayank
Sonkar, R.U. Rinki Renu
Counsel for Respondent(s) : C.S.C.
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is plaintiff's petition.
2. In the suit filed by plaintiff, an application for grant of temporary
injunction was moved which was allowed by trial court. According to
petitioner, the order of temporary injunction has been violated by
defendants. An application has been filed before the court, which is pending
consideration. From perusal of the application, it is clear that this is not an
application under Order XXXIX Rule 2A CPC.
3. 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. In case, any
application is filed under Order XXXIX Rule 2A CP within 10 days from
today, the trial court shall proceed with the same and decide the same, within
a period of two months from the date of filing of the application.
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 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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