Allahabad High Court
RAMAWATI DEVIversusSANTOSH KUMAR SINGH AND 8 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower civil court to decide the pending 6-C2 temporary injunction application within a month and disposed of the writ petition without adjudicating its merits.
Summary
The petitioner, Ramawati Devi, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), East, Ballia, to decide a pending 6-C2 temporary injunction application in Original Suit No. 162 of 2026. The High Court observed that keeping the matter pending would serve no useful purpose and therefore 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 concerned civil judge to decide the 6-C2 application, if still pending, in accordance with law after hearing all affected parties, preferably within one month of producing a certified copy of the order. It was expressly stated that the Court had not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed.
Issues considered
- What procedural authority does the High Court have under Article 227 to direct a lower court to decide a pending 6-C2 temporary injunction application?
- Whether the writ petition can be disposed of at the admission stage without hearing the respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- 6-C2 application
- Civil Procedure Code
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12277 of 2026
Ramawati Devi
.....Petitioner(s)
Versus
Santosh Kumar Singh And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Om Prakash Dixit
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 (Junior Division), East, Ballia to decide 6-C2 application filed in
Original Suit No. 162 of 2026.
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 court concerned to decide the temporary injunction application 6-C2,
in case, the same is pending consideration in Original Suit No. 162 of 2026,
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 directions, writ petition stands disposed of.
4. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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