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Allahabad High Court

MANISH SINGHversusAMLESH BAHADUR SINGH AND 6 OTHERS

Decided

Holding

The High Court disposed of the writ petition at the admission stage and directed the lower court to decide the pending 6‑C application within a month, without adjudicating the merits.

Summary

Manish Singh filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division) of Gyanpur, Bhadohi, to decide a pending 6‑C temporary injunction application in Case No. 996 of 2026. The High Court observed that keeping the petition pending would serve no useful purpose and therefore disposed of it 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. It was expressly stated that the High Court did not adjudicate the merits of the underlying dispute. Consequently, the writ petition was dismissed as a matter of procedure, not on substantive grounds.

Issues considered

  • The appropriateness of disposing a writ petition at the admission stage without hearing the parties
  • The necessity of directing a lower court to decide a pending 6‑C temporary injunction application

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • 6-C application
  • procedural disposal
  • Civil Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 12337 of 2026

                                    Manish Singh
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Amlesh Bahadur Singh And 6 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)          : Ajay Tripathi, Surya Prakash Pandey
                                    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), Gyanpur, Bhadohi to decide 6-C application filed in
                                    Case No. 996 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 Case No. 996 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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