Allahabad High Court
MEERA RAIversusRAJAN AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge (Junior Division), Haveli, Azamgarh to decide the pending temporary injunction application within one month, without deciding the merits of the suit.
Summary
The petitioner, Meera Rai, filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Haveli, Azamgarh, to decide a pending temporary injunction application (6-C2) in Suit No. 2377 of 2025. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The 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 issuing 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 thereby disposed, and the Court expressly stated that it did not adjudicate the merits of the underlying suit.
Issues considered
- Whether the High Court can issue a mandatory direction to a subordinate civil court to decide a pending temporary injunction application within a specified time frame under its supervisory jurisdiction under Article 227.
Subjects
- Article 227
- temporary injunction
- civil procedure
- writ petition
- direction to lower court
- supervisory jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12409 of 2026
Meera Rai
.....Petitioner(s)
Versus
Rajan And Another
.....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
(Junior Division), Haveli, Azamgarh to decide the temporary injunction
application 6-C2 filed in Suit No. 2377 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. 2377 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 (Junior Division), Haveli, Azamgarh to decide the
temporary injunction application (6-C2) filed in Suit No. 2377 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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