Allahabad High Court
SAJID HUSSAINversusISRAR AHMAD AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the lower court to decide the pending 6‑C application within a month and disposed of the writ petition without reaching the merits.
Summary
The petitioner, Sajid Hussain, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Bareilly, to decide a pending 6‑C temporary injunction application in Original Suit No. 164 of 2026. The High Court, noting that keeping the matter pending served 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 6‑C 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
- What is the appropriate exercise of the High Court's supervisory jurisdiction under Article 227 in directing a lower court to decide a pending 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
- supervisory jurisdiction
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12334 of 2026
Sajid Hussain
.....Petitioner(s)
Versus
Israr Ahmad And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjeev Kumar Mishra
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), Bareilly 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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