Allahabad High Court
ABHILASH AND 3 OTHERSversusAMOD KUMAR AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court disposed of the writ petition at the admission stage, directing the lower court to decide the temporary injunction application within a month, without adjudicating the merits.
Summary
The petitioners, who are defendants in a suit, filed a petition under Article 227 seeking an expedited decision on a temporary injunction (referred to as application 6C) filed by the plaintiff‑respondents, along with the defendants' objections to that injunction. The 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 lower court to decide the temporary injunction application, taking into account the defendants' objections, within one month of the certified copy of this order. It was expressly stated that the court did not adjudicate the merits of the injunction application. Consequently, the writ petition stands disposed.
Issues considered
- What procedural steps are appropriate for disposing of a writ petition seeking expeditious consideration of a pending temporary injunction application?
Subjects
- temporary injunction
- writ petition
- Article 227
- expedited relief
- interim injunction
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12312 of 2026
Abhilash And 3 Others
.....Petitioner(s)
Versus
Amod Kumar And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Yashwant Singh
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is a defendants' petition. In the suit filed by the plaintiff-
respondents, an application for grant of temporary injunction 6C was
filed, in which, objections have been preferred by the defendants, which
is pending consideration. The prayer is for expediting 6C application
along with the objection.
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
considering the objection filed by the defendant-petitioners, 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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