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Allahabad High Court

RAHEESversusHANEEF AND 3 OTHERS

Decided

Holding

The writ petition is disposed of at the admission stage, with a direction to the lower court to decide the temporary injunction application within a month, without adjudicating the merits.

Summary

The petitioner filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), F.C. Ghaziabad, to decide a temporary injunction application (6-C2) dated 04.03.2024 in Original Suit No. 133 of 2024. The High Court, finding no merit in continuing the petition, 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 pending injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The direction is issued in accordance with law, but the High Court expressly stated that it has not adjudicated the merits of the underlying dispute. Consequently, the writ petition stands disposed.

Issues considered

  • Whether the High Court should entertain a writ petition under Article 227 seeking a direction to a lower court to decide a pending temporary injunction application.
  • Whether the writ petition can be disposed of at the admission stage without hearing the respondents.

Subjects

  • Article 227
  • writ petition
  • temporary injunction
  • Civil Procedure Code
  • admission stage disposal
  • direction to lower court
  • High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   MATTERS UNDER ARTICLE 227 No. - 12338 of 2026

                                    Rahees
                                                                                                   .....Petitioner(s)
                                                                        Versus

                                    Haneef And 3 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)                            :   Akash Khare
                                    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), F.C. Ghaziabad to decide 6-C2 application dated
                                    04.03.2024 filed in Original Suit No. 133 of 2024.

                                    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-C2
                                    dated 04.03.2024, in case, the same is pending consideration in Original Suit
                                    No. 133 of 2024, 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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