Allahabad High Court
UMA SHANKARversusSURYABHAN YADAV AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the subordinate civil court to decide the pending temporary injunction application within one month, and disposed of the writ petition.
Summary
The petitioner, Uma Shankar, 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. 2581 of 2025. The petitioner argued that the injunction application had remained undecided for an unreasonable period. The High Court, without calling for a counter‑affidavit or issuing notice to private respondents, directed the lower court to decide the injunction application within one month of receiving a certified copy of the order, after hearing all affected parties. The Court clarified that it was not adjudicating the merits of the underlying suit. Consequently, the writ petition was disposed of at the admission stage.
Issues considered
- Whether the High Court can, under its supervisory jurisdiction 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
- judicial supervision
- direction to lower court
- disposal at admission stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12411 of 2026
Uma Shankar
.....Petitioner(s)
Versus
Suryabhan Yadav 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
(Senior Division), Haveli, Azamgarh to decide the temporary injunction
application 6-C2 filed in Suit No. 2581 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. 2581 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. 2581 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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