Allahabad High Court
UMA SHANKAR RAIversusRAMASHANKAR
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the pending temporary injunction application within one month, without deciding the merits of the suit.
Summary
Petitioner Uma Shankar Rai filed a writ petition under Article 227 seeking a direction to the Civil Judge (Senior Division), Haveli, Azamgarh, to decide a pending temporary injunction application (6-C2) in Suit No. 2350 of 2025. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that the matter was pending without any useful purpose, disposed of the writ petition at the admission stage, without calling for a counter‑affidavit or notice to private respondents. The Court directed the lower court to decide the injunction application in accordance with law, after hearing all affected parties, preferably within one month of receiving a certified copy of the order. The writ petition was therefore disposed, and the Court expressly stated that it did not adjudicate the merits of the underlying suit.
Issues considered
- Whether the High Court can, under Article 227, direct a subordinate civil court to decide a pending temporary injunction application within a specified time frame.
Subjects
- Article 227
- writ petition
- temporary injunction
- Civil Suit
- direction to lower court
- procedural order
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12405 of 2026
Uma Shankar Rai
.....Petitioner(s)
Versus
Ramashankar
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Dubey
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Civil Judge
(Senior Division), Haveli, Azamgarh to decide the temporary injunction
application 6-C2 filed in Suit No. 2350 of 2025 within a time frame fixed by
this Court.
2. It is contended by learned counsel for the petitioner that 6-C2 application
filed by petitioner in Civil Suit No. 2350 of 2025 is pending consideration
and till date the same has not been decided by the court concerned.
3. 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 Civil Judge (Senior Division), Haveli, Azamgarh to decide the
temporary injunction application (6-C2) filed in Suit No. 2350 of 2025, 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.
4. With the aforesaid directions, writ petition stands disposed of.
5. It is made clear that this Court has not adjudicated the matter on merits.
(Rohit Ranjan Agarwal,J.)
September 9, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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