Allahabad High Court
RITESH SRIVASTAVAversusSMT. SAKSHI SRIVASTAVA AND 2 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court directed the Civil Judge, Varanasi, to decide the temporary injunction application within one month, without adjudicating its merits.
Summary
The petitioner, Ritesh Srivastava, filed a writ petition under Article 227 seeking an order to expedite the hearing of a temporary injunction application (Paper No. 62‑Ga) filed in the respondent's counter‑claim in Original Suit No. 171 of 2024. The High Court noted that there was no merit in keeping the matter pending or issuing further notices, and directed the Civil Judge (Junior Division), City, Varanasi, to decide the injunction application within one month of receiving a certified copy of the order. The court emphasized that it was not adjudicating the merits of the injunction claim, merely ordering a speedy hearing. Consequently, the writ petition was disposed of on the basis of the admission stage. The order was signed by Justice Rohit Ranjan Agarwal on September 9, 2026.
Issues considered
- Whether the High Court should direct an expeditious hearing of the temporary injunction application filed in the counter‑claim.
Subjects
- temporary injunction
- writ petition
- Article 227
- expedited hearing
- Civil Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12354 of 2026
Ritesh Srivastava
.....Petitioner(s)
Versus
Smt. Sakshi Srivastava And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Srivastava, Shreya
Srivastava
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This is the defendant's petition. In the suit filed by plaintiff
respondents, the defendant has filed counter claim. In the said counter
claim an application for grant of temporary injunction was moved being
Paper No. 62-Ga, which is pending consideration. The sole prayer made
in writ petition is for expediting the hearing of temporary injunction
application moved in the counter claim.
2. No useful purpose would be served in keeping the matter pending or
calling for counter affidavit, or issuing notice to private respondents, writ
is being disposed of, at the admission stage, with a direction upon Civil
Judge (Junior Division), City, Varanasi to decide application 62-Ga filed
in counter claim in Original Suit No. 171 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. It is
made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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