Allahabad High Court
SUSHIL KUMAR AND 2 OTHERSversusMANOJ KUMAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The High Court directed the Civil Judge to decide the pending temporary injunction application within one month and disposed of the writ petition without reaching the merits.
Summary
The petitioners filed a writ petition under Article 227 seeking a direction to the Civil Judge (Junior Division), Jaunpur, to decide a pending temporary injunction application (6‑C) in Suit No. 193 of 2026. The petition argued that the injunction application had been left 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 calling for a counter‑affidavit or hearing the private respondents, and the Court expressly stated that it did not adjudicate the merits of the underlying dispute. Consequently, the petition was dismissed and a procedural direction was issued.
Issues considered
- Whether a writ petition under Article 227 can be entertained to compel a lower court to decide a pending temporary injunction application within a specified time‑frame
- Whether the High Court may dispose of such a petition at the admission stage without hearing the respondents
Legislation cited
- Constitution of India — s. Article 227
Subjects
- Article 227
- temporary injunction
- writ petition
- civil procedure
- direction to lower court
- injunction application
- admission stage disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12415 of 2026
Sushil Kumar And 2 Others
.....Petitioner(s)
Versus
Manoj Kumar And Another
.....Respondent(s)
Counsel for Petitioner(s) : Kuldeep Kumar Mishra
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), Jaunpur to decide the temporary injunction application 6-
C filed in Suit No. 193 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. 193 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 Civil Judge (Junior Division), Jaunpur to decide the temporary
injunction application (6-C) filed in Suit No. 193 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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