Allahabad High Court
VAKILversusSHRIKISHUN AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Additional Civil Judge to decide the temporary injunction application within one month and disposed of the writ petition without reaching the merits.
Summary
The petitioner filed a writ petition under Article 227 seeking a direction to the Additional Civil Judge (Junior Division) of Gorakhpur to decide a pending temporary injunction application (Form 6‑C) in Civil Suit No. 912 of 2026. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, noting that continued delay served no useful purpose, ordered the lower court to hear all affected parties and decide the injunction application within one month of receiving a certified copy of the order. The writ petition was disposed of at the admission stage without hearing the respondents or requiring a counter‑affidavit. 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 time‑bound direction to a subordinate civil court to decide a pending temporary injunction application.
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. - 12410 of 2026
Vakil
.....Petitioner(s)
Versus
Shrikishun And Another
.....Respondent(s)
Counsel for Petitioner(s) : Ankur Rai, Vikalp Kumar Rai
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. This writ petition has been filed seeking direction upon Additional Civil
Judge (Junior Division), Court No. 12, Gorakhpur to decide the temporary
injunction application 6-C filed in Suit No. 912 of 2026 within a time frame
fixed by this Court.
2. It is contended by learned counsel for the petitioner that 6-C application
filed by petitioner in Civil Suit No. 912 of 2026 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 Additional Civil Judge (Junior Division), Court No. 12, Gorakhpur to
decide the temporary injunction application (6-C) filed in Suit No. 912 of
2026, 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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