Allahabad High Court
SALEEMversusGUDDU AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide the pending temporary injunction application within a month, without adjudicating the merits of the writ petition.
Summary
The petitioner, Saleem, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division) of Baghpat to decide a Section 6-C temporary injunction application pending in Original Suit No. 164 of 2026. The High Court, noting that keeping the petition pending would serve no useful purpose, 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 pending injunction application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The order expressly states that the Court has not adjudicated the merits of the dispute. Consequently, the writ petition stands disposed.
Issues considered
- Whether the High Court can, under Article 227, direct a lower court to decide a pending Section 6-C temporary injunction application without hearing the parties in the writ petition.
- Whether the writ petition can be disposed of at the admission stage without issuing notice to private respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure Code
- admission stage disposal
- jurisdiction
- direction to lower court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12327 of 2026
Saleem
.....Petitioner(s)
Versus
Guddu And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Girish Chandra 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 (Senior Division), Baghpat to decide 6-C application filed in Original
Suit No.164 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-C, in
case, the same is pending consideration in Original Suit No. 164 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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