Allahabad High Court
ROOPA SINGHversusSANTOSH KUMAR SINGH AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court did not adjudicate the merits but directed the subordinate court to decide the pending temporary injunction application within a month, thereby disposing of the writ petition at the admission stage.
Summary
The petitioners, Roopa Singh, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Varanasi, to decide a Section 6‑C temporary injunction application pending in Original Suit No. 932 of 2024. The High Court examined whether it could intervene at the admission stage without hearing the respondents or requiring a counter‑affidavit. Finding no merit adjudication necessary, the Court disposed of the petition at the admission stage, but issued a directive that the lower court decide the 6‑C application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The Court expressly clarified that it had not decided the substantive issues of the case. Consequently, the writ petition was dismissed without prejudice to the merits, and the matter was left to the lower court for determination.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending Section 6‑C temporary injunction application without a full hearing of the writ petition.
- Whether the writ petition can be disposed of at the admission stage without calling for a counter‑affidavit or issuing notice to private respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure Code
- jurisdiction
- direction to lower court
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12309 of 2026
Roopa Singh
.....Petitioner(s)
Versus
Santosh Kumar Singh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ranu, Shashi Shekhar Maurya
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), Varanasi to decide 6-C application filed in Original
Suit No. 932 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 court concerned to decide the temporary injunction application 6-C, in
case, the same is pending consideration in Original Suit No. 932 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 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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