Allahabad High Court
RAHEESversusHANEEF AND 3 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
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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