Allahabad High Court
ABDUL SAMADversusJAGARNATH AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil court to decide the pending Section 7‑C2 temporary injunction application within a month, disposing of the writ petition without reaching the merits.
Summary
Petitioner Abdul Samad filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) at Dumariyaganj to decide a pending Section 7‑C2 temporary injunction application in Original Suit No. 403 of 2021. The High Court, noting that keeping the matter pending would serve no useful purpose, disposed of the 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 7‑C2 application, if still pending, within one month of receiving a certified copy of the order, after hearing all affected parties. The direction was issued in accordance with law, and the High Court expressly stated that it had not adjudicated the merits of the underlying dispute. Consequently, the writ petition was disposed of.
Issues considered
- Whether the High Court under Article 227 can direct a subordinate civil court to decide a pending temporary injunction application.
- Whether the writ petition should be dismissed at the admission stage without hearing the respondents.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Procedure
- jurisdiction
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12333 of 2026
Abdul Samad
.....Petitioner(s)
Versus
Jagarnath And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Murtaza Khan,
Mohammad Mustafa
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), J.M., Dumariyaganj, Siddharth Nagar to decide 7-
C2 application filed in Original Suit No.403 of 2021.
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 7-C2,
in case, the same is pending consideration in Original Suit No. 403 of 2021,
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
Checking your session…