Allahabad High Court
KUSUMAWATI DEVI AND ANOTHERversusSATISH CHANDRA PANDEY AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Junior Division), Gorakhpur to decide the pending temporary injunction application within one month, without deciding the merits of the underlying suit.
Summary
The petitioners, Kusumawati Devi and another, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Gorakhpur, to decide a pending temporary injunction application (7-C) in Suit No. 2277 of 2023. The petitioners argued that the injunction application had remained undecided for an unreasonable period, causing prejudice. The Court, noting that the matter was pending without any substantive hearing, decided to dispose of the writ petition at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents. It directed the lower court to decide the temporary injunction application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The Court clarified that it had not adjudicated the merits of the underlying suit, and the writ petition was consequently disposed.
Issues considered
- Whether the High Court can issue a mandatory direction to a subordinate civil court to decide a pending temporary injunction application within a specified time frame under its supervisory jurisdiction under Article 227.
Subjects
- temporary injunction
- writ petition
- Article 227
- civil procedure
- direction to lower court
- pending application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12261 of 2026
Kusumawati Devi And Another
.....Petitioner(s)
Versus
Satish Chandra Pandey And Another
.....Respondent(s)
Counsel for Petitioner(s) : Vijay Kumar Kashyap
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), Gorakhpur to decide the temporary injunction application
7-C filed in Suit No. 2277 of 2023 within a time frame fixed by this Court.
2. It is contended by learned counsel for the petitioner that 7-C application
filed by petitioner in Civil Suit No. 2277 of 2023 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), Gorakhpur to decide the temporary
injunction application (7-C) filed in Suit No. 2277 of 2023, 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 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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